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The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2005

As Enacted Cited authorities 15 Cited in Amendments 7 Related
JurisdictionUK Non-devolved
CitationSI 2005/851
Year2005

2005 No. 851

PENSIONS

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2005

Made 22th March 2005

Laid before Parliament 23th March 2005

Coming into force in accordance with article 1(1)

At the Court at Buckingham Palace, the 22nd day of March 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 18844section 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 2005 and shall come into force—

(a)

(a) for the purposes of this article, article 2 and paragraphs 1 to 10 (inclusive) and 12, 13 and 16 of Schedule 1 to this Order, on 6th April 2005.

(b)

(b) for the purposes of paragraphs 11, 14, 15 and 17 of Schedule 1 to this Order, on 11th April 2005.

(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.

AK Galloway

Clerk of the Privy Council

SCHEDULE 1

Article 2

AMENDMENTS TO THE PRINCIPAL ORDER

SCH-1.1

1. Amendment of article 3 (basic conditions of awards under this Order)

In article 3 after the word “service” there shall be inserted the words “before 6th April 2005”.

SCH-1.2

2. Amendment of article 3A (making of claims)

Article 3A shall be amended as follows—

(1) in paragraph (1) after the words “Subject to” there shall be inserted “paragraph (4) and”; and

(2) after paragraph (3) there shall be inserted—

SCH-1.4

“4 Subject to paragraph (5), where a claim for injury or death benefit made by or in respect of a member of the Armed Forces has been refused under the 2005 Order, the Secretary of State may treat the claim under that Order as a claim under this Order.

SCH-1.5

5 Paragraph (4) shall not apply to a claim made under the 2005 Order during the claimant’s service.”.

SCH-1.3

3. Amendment of article 4 (entitlement where a claim is made in respect of a disablement, or death occurs, not later than 7 years after the termination of service)

Article 4 shall be amended as follows—

(1) in paragraph (1) for the word “Where” there shall be substituted “Except where paragraph (1A) applies, where”;

(2) after paragraph (1) there shall be inserted—

SCH-1.1A

“1A Where a person is entitled to benefit under the 2005 Order in respect of an injury or death, no claim in respect of that injury or death shall be accepted as due to service for the purposes of this Order.”; and

(3) in paragraph (6) after the words “30th September 1921” there shall be inserted “but before 6th April 2005”.

SCH-1.4

4. Amendment of article 5 (entitlement where a claim is made in respect of disablement, or death occurs, more than 7 years after the termination of service)

Article 5 shall be amended as follows—

(1) in paragraph (1) for the word “Where” there shall be substituted “Except where paragraph (1A) applies, where”;

(2) in paragraph (1) after the words “30th September 1921” there shall be inserted “but before 6th April 2005”; and

(3) after paragraph (1) there shall be inserted—

SCH-1.1A

“1A Where a person is entitled to benefit under the 2005 Order in respect of an injury or death, no claim in respect of that injury or death shall be accepted as due to service for the purposes of this Order.”.

SCH-1.5

5. Amendment of article 8 (general conditions)

In paragraph (1) of article 8 after the words “due to service” there shall be inserted the words “before 6th April 2005”.

SCH-1.6

6. Amendment of article 9 (determination of degree of disablement)

In paragraph (1) of article 9 after the words “30th September 1921” there shall be inserted the words “but before 6th April 2005”.

SCH-1.7

7. Amendment of article 10 (pension for disablement)

In article 10 after the words “30th September 1921” there shall be inserted the words “but before 6th April 2005”.

SCH-1.8

8. Amendment of article 11 (gratuity for minor disablement)

In paragraph (1) of article 11 after the words “30th September 1921” there shall be inserted the words “but before 6th April 2005”.

SCH-1.9

9. Amendment of article 26 (medical expenses)

In article 26 after the words “due to service” there shall be inserted the words “before 6th April 2005”.

SCH-1.10

10. Amendment of article 27 (application of Part IV)

In article 27(1) after the words “due to service” there shall be inserted the words “before 6th April 2005”.

SCH-1.11

11. Amendment of article 29 (pensions to widows and widowers)

In paragraph (1A) of article 29 for the amount “£62.68” substitute the amount “£64.62”.

SCH-1.12

12. Amendment of article 42 (effects of marriage and living together)

Article 42 shall be amended as follows—

(1) in paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (1B) and (2)”; and

(2) after paragraph (1A) there shall be inserted—

SCH-1.1B

“1B Any pension or allowance awarded under articles 29 to 32 (inclusive) to a person in respect of a member of the armed forces who died or whose service terminated on or before the 31st March 1973 shall not cease if that person marries or begins to live with another person as the spouse of that person on or after the 6th April 2005.”.

SCH-1.13

13. Amendment of article 42A (funeral expenses)

In paragraph (2)(a) after the words “due to service” there shall be inserted the words “before 6th April 2005”.

SCH-1.14

14. Amendment of Schedule 1 (disablement due to service in the armed forces)

In Schedule 1—

(1) for the Table in Part II there shall be substituted the Table set out in Schedule 2 to this Order;

(2) for Tables 1 and 2 in Part III there shall respectively be substituted Tables 1 and 2 set out in Schedule 3 to this Order; and

(3) for the Table in Part IV there shall be substituted the Table set out in Schedule 4 to this Order.

SCH-1.15

15. Amendment of Schedule 2 (death due to service in the armed forces)

In Schedule 2—

(1) for Tables 1, 2, 3, 4, and 5 of Part II there shall respectively be substituted the Tables set out in Schedule 5 to this order; and

(2) for the Table in Part III there shall be substituted the Table set out in Schedule 6 to this Order.

SCH-1.16

16. Amendment of Schedule 4 (glossary of expressions)

Part I (warrants and orders) shall be amended as follows—

(1) in the first column (“item”) after item 14 there shall be inserted “14A”; and

(2) in the corresponding second column (“expression”) there shall be inserted “the 2005 Order”; and

(3) in the corresponding third column (“meaning”) there shall be inserted “the Armed Forces and Reserve Forces Compensation Scheme Order 20056”.

SCH-1.17

17. Amendment of Schedule 7 (deductions for the purposes of article 56)

In Schedule 7 there shall be substituted the Table set out in Schedule 7 to this Order

SCHEDULE 2

Schedule 1 paragraph 14(1)

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

Table

“Article 101. WEEKLY RATES OF PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 10-15 OF PART I OF THIS SCHEDULE2. 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

131.30

6,851

90

118.17

6,166

80

105.04

5,481

70

91.91

4,796

60

78.78

4,111

50

65.65

3,426

40

52.52

2,740

30

39.39

2,055

20

26.26

1,370”

SCHEDULE 3

Schedule 1 paragraph 14(2)

TABLES TO BE SUBSTITUTED FOR TABLES 1 AND 2 SET OUT AT PART III OF SCHEDULE 1

Table 1

“Article 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 two phalanges including loss of whole finger

14

6,243

more than one phalanx but not more than two phalanges

11

4,996

one phalanx or part thereof

9

4,162

guillotine amputation of tip without loss of bone

5

2,492

Middle finger—

more than two phalanges including loss of whole finger

12

5,408

more than one phalanx but not more than two phalanges

9

4,162

one phalanx or part thereof

7

3,327

guillotine amputation of tip without loss of bone

4

2,081

Ring or little finger—

more than two phalanges including loss of whole finger

7

3,327

more than one phalanx but not more than two phalanges

6

2,916

one phalanx or part thereof

5

2,492

guillotine amputation of tip without loss of bone

2

1,246

B. Toes

Great toe—

through metatarso-phalangeal joint;

14

6,243

part, with some loss of bone

3

1,658

One other toe—

through metatarso-phalangeal joint

3

1,658

part, with some loss of bone

1

835

Two toes, excluding great toe—

through metatarso-phalangeal joint

5

2,492

part, with some loss of bone

2

1,246

Three toes, excluding great toe—

through metatarso-phalangeal joint

6

2,916

part, with some loss of bone

3

1,658

Four toes, excluding great toe—

through metatarso-phalangeal joint

9

4,162

part, with some loss of bone

3

1,658
...

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