The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

Posthumous awards U.K.

68.—(1) Where, after making a claim for an award of retired pay or a pension under Part II or Part III of this Order, the claimant dies either—

(a) before an award has been made; or

(b) where an appeal has been made under the Pensions Appeal Tribunal Act 1943, before the appeal has been determined

the Secretary of State may, notwithstanding the claimant's death, make an award in accordance with the provisions of this Order.

[F1 (1A) Where the claimant has made an election for an award of a diffuse mesothelioma lump sum and dies before the lump sum is paid, the Secretary of State may, notwithstanding the claimant’s death, make the payment in accordance with the provisions of this Order.]

(2) Any such award shall be made to the designated person whose receipt shall be a good discharge to the Secretary of State for any [F2 award or payment] so made in respect of that claim.

(3) No such award shall be made in respect of any period after the claimant's death.

(4) For the purposes of this article, where there is no grant of probate or letters of administration or other proof of title in respect of a deceased claimant's estate, the expression “personal representatives” means the person or persons appearing to the Secretary of State to be beneficially entitled to the estate of the deceased claimant.

(5) In this article—

(a) “claimant” means a person who has made a claim for a pension [F3 or an election for an award of a diffuse mesothelioma lump sum] under the Order;

(b) “designated person” means the person who, after due enquiry, appears to the Secretary of State to be—

(i) the claimant's surviving spouse or surviving civil partner, or if it appears to the Secretary of State that there is no such person,

(ii) the claimant's dependant who lived as a spouse or F4 ... civil partner, or if it so appears that there are no such persons,

(iii) the claimant's children, or if it so appears that there are no such persons,

(iv) the claimant's parents, or if it so appears that there are no such persons,

(v) the claimant's other dependants, or if it so appears that there are no such persons,

(vi) the claimant's personal representatives;

(c) “pension” means any retired pay, pension, allowance or other continuing benefit under this Order.

Textual Amendments

F1 Art. 68(1A) inserted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 9(3)

F2 Words in art. 68(2) substituted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 9(4)

F3 Words in art. 68(5)(a) inserted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 9(5)

F4 Words in art. 68(5)(b)(ii) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 110(10)