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The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2008

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Citation and interpretation

1.—(1) This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2008.

(2) In this Order, “the principal Order” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, and a reference to a numbered article, Part, Table or Schedule is a reference to the article, Part, Table or Schedule in the principal Order which bears that number.

Amendments to the principal Order and commencement

2.—(1) The amendments to the principal Order contained in Schedule 1 to this Order shall have effect in accordance with this article.

(2) Subject to the following provisions of this article the amendments contained in—

(a)Part 1 of Schedule 1 shall come into force on 7th April 2008;

(b)Part 2 of Schedule 1 shall come into force on the operative day.

(3) Paragraphs 1, 3, 4, 5, 6 and 9 of Part 1 of Schedule 1 to this Order (which amend articles 7, 27, 33, 40, 44 and Schedule 3) shall apply for the purposes of decisions made on or after 7th April 2008.

(4) Paragraphs 10 and 11 of Part 2 of Schedule 1(which amend article 10) shall apply—

(a)for the purposes of decisions made under article 10 of the principal Order; and

(b)to any member of the armed forces in receipt of severe disablement occupational allowance;

on or after the operative day.

(5) Paragraphs 12 and 13 of Part 2 of Schedule 1(which amend articles 50 and 56) shall apply for the purposes of decisions to adjust or abate a pension or gratuity made on or after the operative day.

(6) In this article “operative day” means the day that section 1 of the Welfare Reform Act 2007(1) comes into force.

Judith Simpson

Clerk of the Privy Council

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