War Pensions (Pre-Consolidation Amendment) Order 1978
| Jurisdiction | UK Non-devolved |
1978 No. 1405
PENSIONS
The War Pensions (Pre-Consolidation Amendment) Order 197829thSeptember 1978
9thOctober 1978
1stJanuary 1979
At the Court at Balmoral, the 29th day of September 1978
Present,
The Queen's Most Excellent Majesty in Council
WHEREAS, in anticipation of a consolidation of the provisions concerning pensions and other grants in respect of disablement and death due to service in the naval, marine, military and air forces of the Crown and the nursing and auxiliary forces thereof during the period beginning with 4th August 1914 and ending on 30th September 1921 and the period after 2nd September 1939, Her Majesty deems it expedient to make further provisions concerning such pensions and other grants and to do so by Order in Council in pursuance of section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977(a):
Now, THEREFORE, Her Majesty, in exercise of 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 may be cited as the War Pensions (Pre-Consolidation Amendment) Order 1978 and shall come into operation on 1st January 1979.
(2) In this Order, unless the context otherwise requires, the expression "the 1964 instruments" means the Order in Council of 25th September 1964, as amended(b), the Royal Warrant of 19th September 1964(c), as amended(d) and
(a) 1977 c.5.
(b) Orders in Council of 22nd December 1964, 24th February 1966, 9th June 1966, 28th July 1966, 23rd August 1967, 14th February 1968, 26th July 1968, 31st July 1969, 4th February 1970, 28th July 1971, 26th July 1972, 27th July 1973, 28th June 1974, 18th March 1975, 17th September 1975, 23rd July 1976, 9th March 1977, S.I. 1977/1630; 1978/278, 1404.
(c) Cmnd. 2467.
(d) Cmnd. 2553, 2926, 3023, 3072, 3385, 3530, 3728, 4134, 4287, 4742, 5077, 5395, 5670, 6001, 6247, 6583, 6763, S.I. 1977/1630; 1978/278, 1404.
the Order by Her Majesty of 24th September 1964(a), as amended(b) (which instruments, when hereinafter individually referred to, are respectively referred to as "the 1964 Order", "the 1964 Warrant" and "the 1964 Order by Her Majesty").
(3) Subject as aforesaid, each provision of this Order, in so far as it amends the 1964 Order, the 1964 Warrant or, as the case may be, the 1964 Order by Her Majesty, shall, except so far as the context otherwise requires, be read as one with the Order, Warrant or, as the case may be, the Order by Her Majesty which it amends.
(4) This Order shall be construed and shall operate as it would fall to be construed and to operate by virtue of section 23(1) of the Interpretation Act 1978(c) if it were made after the commencement of that Act.
Amendment of articles 5(1) and 7(1) of the 1964 instruments
2. In articles 5(1) and 7(1) of the 1964 instruments (entitlement where claim is made in respect of disablement, or death occurs, more than 7 years after termination of service; and rank or status), there shall respectively be deleted the words "Subject to the provisions of Article 71(7)" and "Subject to the provisions of paragraph (9) of this Article".
Amendment of article 7(7) of the 1964 Order in Council
3. In article 7(7) of the 1964 Order (rank or status) there shall be deleted the words "his denomination and" and "of that denomination".
Amendment of article 9(2) and (3) of the 1964 instruments
4.—(1) Paragraphs (2) and (3) of article 9 of the 1964 instruments (determination of degree of disablement) shall be amended in accordance with the following provisions of this article.
(2) In proviso (ii) to paragraph (2)(a)—
(a) after the words "the date of the termination of his service" there shall be deleted the words "account shall only be taken of";
(b) after the words "the said date of termination" there shall be inserted the words "shall only be taken into account".
(3) In paragraph (3) for the words "in the manner required by" there shall be substituted the words "in a manner suitable for the purposes of".
Amendment of article 11 of the 1964 instruments
5. In article 11 of the 1964 instruments (gratuity for minor disablement)—
(a) at the beginning of the article there shall be inserted the words "Subject to the provisions of paragraph (2) below";
(b) after the words "in accordance with the appropriate Table in Schedule 3" there shall be added the words "in force at the time of the award" and the following new paragraph—
(a) Cmnd. 2472.
(b) Cmnd. 2554, 2927, 3024, 3071, 3384, 3531, 3729, 4135, 4286, 4743, 5078, 5396, 5671, 6002, 6246, 6582, 6762, S.I. 1977/1630; 1978/278, 1404.
(c) 1978 c.30.
"(2) Where an award of a gratuity is reviewed on the grounds that, for the purposes of Table 2 or, as the case may be, Table 3 of Schedule 3, the award was based on the erroneous estimation that the disablement would be of less than indeterminate duration, but subsequently the degree of the disablement increased to 20 per cent or more, the Secretary of State may on review and subject to the provisions of article 56 (adjustment of awards in respect of other compensation) award a gratuity in accordance with the appropriate Table in the said Schedule 3 in force at such date as may seem to him just having regard to all the circumstances of the case, being a date not later than that on which the degree of the disablement so increased."
Substitution for article 24 of the 1964 instruments
6.—(1) For article 24 of the 1964 Order (medical expenses) there shall be substituted the following article:—
"24. Any necessary expenses in respect of the medical, surgical or rehabilitative treatment of a member of the naval forces and of appropriate aids and adaptations for disabled living may, in so far as not provided under legislation of the United Kingdom...
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