The Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007

Regulations 2 and 3

THE SCHEDULE War disablement and war widow’s pensions

PART 1 War disablement pensions

1.  The war disablement pensions prescribed are—

(a) any retirement pay, pension or allowance granted in respect of disablement under powers conferred by or under—

(i) the Air Force (Constitution) Act 1917(1);

(ii) the Personal Injuries (Emergency Provisions) Act 1939(2);

(iii) the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939(3);

(iv) the Polish Resettlement Act 1947(4);

(v) Part VII or section 151 of the Reserve Forces Act 1980(5);

(b) the following pay, pension or allowances, but only the part attributable to disablement or disability—

(i) a wounds pension granted to a member of the armed forces of the Crown;

(ii) retired pay of a disabled officer granted on account of medical unfitness attributable to or aggravated by service in the armed forces of the Crown;

(iii) a disablement or disability pension granted to a member of the armed forces of the Crown, other than a commissioned officer, on account of medical unfitness attributable to or aggravated by service in the armed forces of the Crown;

(iv) a disablement pension granted to a person who has been employed in the nursing services of any of the armed forces of the Crown on account of medical unfitness attributable to or aggravated by service in the armed forces of the Crown; and

(c) a payment made under article 14(1)(b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005(6).

PART 2 War widow’s pensions

2.  The war widow’s pensions prescribed are—

(a) pensions or allowances granted in respect of death due to service or war injury and payable to widows, widowers or surviving civil partners by virtue of—

(i) the Air Force (Constitution) Act 1917;

(ii) the Personal Injuries (Emergency Provisions) Act 1939;

(iii) the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939;

(iv) the Polish Resettlement Act 1947;

(v) Part VII or section 151 of the Reserve Forces Act 1980;

(b) the whole or any part of a pension payable to a widow, widower or surviving civil partner—

(i) under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006(7) insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865; or

(ii) only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977;

and under any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the Armed Forces of the Crown;

(c) a payment made under article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005.

(1)

1917 c.51 (7 & 8 Geo 5).

(2)

1939 c. 82 (2 & 3 Geo 6).

(3)

1939 c. 38 (2 & 3 Geo). Sections 3, 4 and 5 were amended by the Pensions (mercantile Marine) Act 1942, section 2, 6 and Schedule.

(4)

1947 c. 19 (10 & 11 Geo 6). Section 1 was amended by the Civil Partnership Act 2004, section 257 and Schedule 26, paragraph 17.

(5)

1980 (c.9). Amendments and repeals have been made to Part VII by the Armed Forces Act 2006, Section 358, S78(2), Schedule 14 from a date to be appointed.

(6)

S.I. 2005/439.

(7)

S.I. 2006/606.