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

PART IV U.K. CLAIMS

Making of claims U.K.

34.—(1) Subject to [F1 paragraphs (2A), (4)] and article 35, it shall be a condition precedent to the making of any award of any pension, allowance or supplement mentioned in paragraph (2) (including any such award which follows an earlier award or which follows a period which, had there been an award for that period, would have ended in accordance with article 33(1)) that the person making the claim shall have—

(a) completed and signed a form approved by the Secretary of State for the purpose of claiming that pension, allowance or supplement payable under this Order; and

(b) delivered that form either to an appropriate office of the Secretary of State or to an office of an authorised agent.

(2) The pensions, allowances and supplement to which paragraph (1) applies are—

(a) retired pay or a pension payable under article 6;

(b) a gratuity under article 7;

(c) a constant attendance allowance payable under article 8;

(d) a clothing allowance payable under article 11;

(e) an unemployability allowance payable under article 12;

(f) an allowance for lowered standard of occupation payable under article 15;

(g) a treatment allowance payable under article 17;

(h) an allowance where abstention from work is necessary following treatment in a hospital or similar institution under article 18;

(i) an allowance for part-time treatment under article 19;

(j) a mobility supplement payable under article 20;

(k) a surviving spouse's or surviving civil partner's pension payable under article 23;

(l) a pension payable to a dependant who lived as a spouse or a dependant who lived as a civil partner under article 24;

(m) a rent allowance payable to a surviving spouse, surviving civil partner, dependant who lived as a spouse or dependant who lived as a civil partner under article 25;

(n) a children's allowance payable under article 28;

(o) a children's allowance or an orphan's pension payable under article 30;

(p) an award of funeral expenses under article 32.

[F2 (2A) A claim for constant attendance allowance under article 8(6) (on the grounds that a member of the armed forces has a terminal illness) may be made on behalf of the member, and shall be regarded as having been made by the member, notwithstanding that it is made without his knowledge or authority.]

(3) A claim for a pension for a child under article 29 or article 31 shall be made by the child's guardian or by any other person having parental responsibility (within the meaning of the Children Act 1989 M1 for the child).

(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.

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

Textual Amendments

F1 Words in art. 34(1) substituted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 10(a) (with art. 18)

F2 Art. 34(2A) inserted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 10(b) (with art. 18)

Marginal Citations

M1 1989 c. 41.

Cases where claims are not required U.K.

35.—(1) A claim for the pensions, allowances and supplements mentioned in the following paragraphs of this article shall not be required if the conditions set out in the relevant paragraph are satisfied.

(2) A claim for retired pay or a disablement pension under article 6 or a gratuity under article 7 is not required to be made by the former member of the armed forces if—

(a) he is discharged from the armed forces on medical grounds; and

(b) copies of that member's medical and service records are delivered to the Veterans Agency.

(3) A claim for a surviving spouse's or surviving civil partner's pension under article 23 is not required if—

(a) the member of the armed forces by reference to whose death the pension would be payable died whilst serving in the armed forces; and

(b) copies of that member's medical and service records are delivered to the Veterans Agency.

(4) A separate claim is not required for an award under this Order for—

(a) comforts allowance payable under article 14(1)(a)(ii); or

(b) age allowance payable under article 16

where a pensioner is in receipt of retired pay or a disablement pension under article 6.

(5) A separate claim is not required for an award under this Order of the allowance payable under article 26 where a person is in receipt of a pension under article 23 or article 24.

(6) Where a claim has been made for retired pay or a disablement pension under article 6 on the basis of a particular disablement which is alleged to have been due to an injury which is attributable to or aggravated by service, no separate claim shall be required in respect of any other disablement which appears, upon an examination which is conducted by a medical practitioner before the claim is determined, to have been so attributable or so aggravated, whether due to that or another injury.

(7) Where a claim for a constant attendance allowance has been made in respect of a former member of the armed forces under article 8, no separate claim shall be required for—

(a) an exceptionally severe disablement allowance under article 9;

(b) a severe disablement occupational allowance under article 10;

(c) a comforts allowance under article 14; or

(d) a temporary allowance payable under article 27.

(8) Where a claim for an unemployability allowance under article 12 has been made, no separate claim shall be required for—

(a) an invalidity allowance under article 13;

(b) a comforts allowance under article 14; or

(c) a temporary allowance payable under article 27.

(9) Where a claim has been made for—

(a) a surviving spouse's or surviving civil partner's pension under article 23; or

(b) a pension payable to a dependant living as a spouse or a dependant living as a civil partner under article 24;

no separate claim for the award of an allowance under article 28 or article 30 shall be required if the claim for that pension provides sufficient information for the making of the award.

Withdrawal of Claims U.K.

36.—(1) Where a claim for a pension, allowance or supplement specified in article 34 has been made and—

(a) the Secretary of State makes a request in writing for further information which is reasonably required for the determination of that claim, and that information is not provided within three months of the date on which the request is given or sent to the person making the claim; or

(b) the person in respect of whom the claim is made has been requested to attend for a medical examination at a time and place specified in a notice given or sent to him not less than ten days before the date of the examination and he fails without providing, within three months of the date on which he was requested to attend, a satisfactory explanation for that failure

the claim shall be treated as having been withdrawn.

(2) Where a person who has made a claim for a pension, allowance or supplement specified in article 34, and that claim has not been determined, gives written notice to the Secretary of State or, where the claim was made by delivering the claim to an authorised agent, gives written notice to either the Secretary of State or that authorised agent, that he wishes to withdraw the claim, the claim shall thereafter be treated for all purposes of this Order as having been withdrawn.

(3) The treating of a claim as having been withdrawn under this article shall not prejudice the making of a further claim for the pension, allowance or supplement to which the earlier claim related.

Date of claim U.K.

37.—(1) In this Order “ date of claim” means, subject to the following paragraphs of this article, the date on which a claim is received by the Secretary of State or by an authorised agent.

(2) Where—

(a) not more than 3 months earlier than the date referred to in paragraph (1), an enquiry is made in person, in writing or orally to the Secretary of State or to an authorised agent about claiming any pension, retired pay, allowance or supplement for a named person; and

(b) that enquiry is made by the person who subsequently makes the claim or by a relative of his or by a representative of a charitable organisation

then “date of claim” means the date on which the enquiry is received by the Secretary of State or, as the case may be, the authorised agent.

(3) Where—

(a) a person is awarded a disablement pension or retired pay under article 6; and

(b) within three months of the notification of that award being given or sent to him;

(c) he makes a claim for an allowance specified in article 34 or a mobility supplement under article 20

then “date of claim” for the purposes of determining entitlement to that allowance or supplement, means the date of claim for the disablement pension or retired pay.

(4) Where—

(a) a person is awarded a disablement pension or retired pay under article 6; and

(b) subsequently he makes a claim for an allowance under article 34 or a mobility supplement under article 20;

(c) but not within three months of the notification of that award being given or sent to him

then “date of claim” for the purpose of determining entitlement to that allowance or supplement means, subject to paragraph (5), the date on which the claim for the allowance or supplement is received by the Secretary of State or, as the case may be, the authorised agent.

(5) Where—

(a) not more than 3 months earlier than the date referred to in paragraph (4), an enquiry is made in person, in writing or orally to the Secretary of State or to an authorised agent about claiming an allowance specified in article 34 or a mobility supplement under article 20; and

(b) that enquiry is made by the person who subsequently makes the claim or by a relative of his or by a representative of a charitable organisation

then “date of claim” means the date on which the enquiry is received by the Secretary of State or, as the case may be, the authorised agent.

(6) Where a claim or an enquiry referred to in this article is made by post in the United Kingdom and the arrival of that claim or enquiry at the appropriate office of the Secretary of State or the authorised agent is delayed by postal disruption caused by industrial action, whether within the postal service or elsewhere, the claim shall be treated as having been received on the day on which it would have been received if it has been delivered in the ordinary course of the post.

(7) In this article “charitable organisation” includes a company limited by guarantee with charitable objects.