The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1994

Explanatory Note

(This note is not part of the Order)

This Order further amends the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (“the principal Order”) which makes provision for pensions and other awards in respect of disablement or death due to service in the naval, military and airforces during the 1914 World War and after 2nd September 1939.

Article 2 of this Order raises the maximum amount of annual earnings which may be received by a disabled person while he is deemed to be unemployable for the purposes of unemployability allowances under article 18 of the principal Order.

Article 3 of this Order enables the Secretary of State to review and revise an assessment decision of a Pensions Appeal Tribunal where he is satisfied by fresh medical evidence of a deterioration in the disablement in respect of which an assessment was made.

Article 4 of this Order inserts new articles 67A, 67B and 67C into the principal Order which deal with the suspension of benefit pending an appeal.

Article 5(1) and (2) substitute tables in the Schedule in the principal Order thereby varying the rates of retired pay, pensions, gratuities and allowances in respect of disablement or death due to service in the armed forces.

Article 5(3) amends Schedule 4 of the principal Order by inserting a provision which limits the definition of “injury” in the principal Order so as to exclude injuries due to the use or effects of tobacco, and the consumption of alcohol. This limitation is subject to an exception where the use of tobacco and the consumption of alcohol is by an injured person who suffers from a mental condition attributable to service causing a degree of disablement of 50% or more provided he started or continued to use tobacco or continued to consume alcohol as a result of his mental condition.

This Order does not impose any costs on business.