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This Statutory Instrument has been in part in consequence of a defect in S.I. 2012/359, S.I. 2013/241, S.I. 2014/505, S.I. 2015/208, S.I. 2017/161, S.I. 2018/176, S.I. 2019/186, S.I. 2020/150, S.I. 2021/142 and S.I. 2022/147 and is being issued free of charge to all known recipients of those Statutory Instruments.

Statutory Instruments

2023 No. 163

Pensions

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2023

Made

15th February 2023

Laid before Parliament

22nd February 2023

Coming into force

10th April 2023

At the Court at Buckingham Palace, the 15th day of February 2023

Present,

The King’s Most Excellent Majesty in Council

His Majesty considers it expedient to amend the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(1).

ACCORDINGLY, His Majesty, in exercise of the powers conferred upon Him by sections 12(1) and 24(3) of the Social Security (Miscellaneous Provisions) Act 1977(2) and of all other powers enabling Him to do so, is pleased, by and with the advice of His Privy Council, to order as follows:

Citation and commencement

1.  This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2023 and comes into force on 10th April 2023.

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

2.  The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (“the principal Order”) is amended as follows.

Amendment of Schedule 1 (disablement due to service in the armed forces)

3.  In Schedule 1 to the principal Order—

(a)for the table in Part 2 substitute the table in Schedule 1 to this Order;

(b)for tables 1 and 2 in Part 3 substitute tables 1 and 2 in Schedule 2 to this Order; and

(c)for the table in Part 4 substitute the table in Schedule 3 to this Order.

Amendment of Schedule 2 (death due to service in the armed forces)

4.  In Schedule 2 to the principal Order—

(a)for tables 1, 2, 3, 4, 5, 6 and 7 in Part 2 substitute tables 1, 2, 3, 4, 5, 6 and 7 in Schedule 4 to this Order; and

(b)for the table in Part 3 substitute the table in Schedule 5 to this Order.

Amendment of Schedule 6 (interpretation)

5.  In Part 2 of Schedule 6 to the principal Order, in item 58A(3) of the table, for “within 6 months” substitute “within 12 months”.

Richard Tilbrook

Clerk of the Privy Council

Article 3(a)

SCHEDULE 1TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 2 OF SCHEDULE 1 TO THE PRINCIPAL ORDER

1. WEEKLY RATES OF PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 10-15 OF PART 1 OF THIS SCHEDULE

2. YEARLY RATES OF RETIRED PAY AND PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 1-9 OF PART 1 OF THIS SCHEDULE

Degree of DisablementWeekly RateYearly Rate
Per Cent££
100220.2011,490
90198.1810,341
80176.169,192
70154.148,043
60132.126,894
50110.105,745
4088.084,596
3066.063,447
2044.042,298

Article 3(b)

SCHEDULE 2TABLES TO BE SUBSTITUTED FOR TABLES 1 AND 2 IN PART 3 OF SCHEDULE 1 TO THE PRINCIPAL ORDER

Table 1

GRATUITIES PAYABLE FOR SPECIFIED MINOR INJURIES

Description of InjuryAssessmentsGroups 1-15
For the loss ofPer Cent£
A. FINGERS
Index finger—
More than 2 phalanges including the loss of whole finger1410,474
More than 1 phalanx but not more than 2 phalanges118,380
1 phalanx or part thereof96,981
Guillotine amputation of tip without loss of bone54,177
Middle finger—
More than 2 phalanges including the loss of whole finger129,072
More than 1 phalanx but not more than 2 phalanges96,981
1 phalanx or part thereof75,582
Guillotine amputation of tip without loss of bone43,487
Ring or little finger—
More than 2 phalanges including the loss of whole finger75,582
More than 1 phalanx but not more than 2 phalanges64,894
1 phalanx or part thereof54,177
Guillotine amputation of tip without loss of bone22,092
B. TOES
Great toe—
Through metatarso-phalangeal joint1410,474
Part, with some loss of bone32,784
1 other toe—
Through metatarso-phalangeal joint32,784
Part, with some loss of bone11,403
2 toes, excluding great toe—
Through metatarso-phalangeal joint54,177
Part, with some loss of bone22,092
3 toes, excluding great toe—
Through metatarso-phalangeal joint64,894
Part, with some loss of bone32,784
4 toes, excluding great toe—
Through metatarso-phalangeal joint96,981
Part, with some loss of bone32,784

Table 2

GRATUITIES PAYABLE TO MEMBERS OF THE ARMED FORCES FOR DISABLEMENT ASSESSED AT LESS THAN 20 PER CENT NOT BEING A MINOR INJURY SPECIFIED IN TABLE 1

Assessment of degree of disablement
Groups 1-151 to 5 per cent6 to 14 per cent15 to 19 per cent
£3,502£7,786£13,618

Article 3(c)

SCHEDULE 3TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 4 OF SCHEDULE 1 TO THE PRINCIPAL ORDER

Table

RATES OF ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT AND EARNINGS OR INCOME THRESHOLDS

Description of allowanceRate
Groups 1-9Groups 10-15
(*)

maximum amount payable.

(a)

1992 c. 4.

1. Constant attendance allowance
(a)under article 8—

(i) the part day rate of constant attendance allowance under

paragraph (2)

£2,168 per annum£41.55 per week

(ii) the full day rate of constant attendance allowance under

paragraph (3)

£4,336 per annum£83.10 per week

(iii) the intermediate rate of constant attendance allowance under

paragraph (4)

£6,504 per annum£124.65 per week

(iv) the exceptional rate of constant attendance allowance under

paragraph (5)

£8,672 per annum£166.20 per week
(b)under article 71(4)—
(i) the rate under paragraph (4)(a)£4,336 per annum (*)£83.10 per week (*)
(ii) the rate under paragraph (4)(b)£8,672 per annum (*)£166.20 per week (*)
2. Exceptionally severe disablement allowance under article 9£4,336 per annum£83.10 per week
3. Severe disablement occupational allowance under article 10£2,168 per annum£41.55 per week
4. Allowance for wear and tear of clothing under article 11£284 per annum£284 per annum
5. Unemployability allowances—
(a)Personal allowance under article 12(1)(a)£7,102 per annum£136.10 per week
(b)

Additional allowances for

dependants by way of—

(i) increase of allowance in respect of a spouse, civil partner, adult dependant, dependant living as a spouse or dependant living as a civil partner under article 12(6)(a)£3,947 per annum (*)£75.65 per week (*)
(ii) increase of allowance under article 12(6)(b)—
(aa) in respect of the only, elder or eldest child of a member£918 per annum£17.60 per week
(bb) in respect of each other child of a member£1,078 per annum£20.65 per week

(cc) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992(a), or under any legislation in Northern

Ireland or the Isle of Man corresponding to that Act

£1,078 per annum£20.65 per week
For decisions made on or after 9th April 2001
(c)

the annual earnings figure for the purposes of article 12(4) is

£8,684

(d)

the weekly income figure for the purposes of article 12(6)(a)(i) is

£84.80

6. Invalidity allowance under article 13—
(a)If—
(i) the relevant date fell before 5th July 1948;
(ii) on the relevant date the member was under the age of 35; or
(iii) on the relevant date the member was under the age of 40 and had not attained the age of 65, in the case of the member being a man, or 60, in the case of the member being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979£1,404 per annum£26.90 per week
(b)if head (a) does not apply and—
(i) on the relevant date the member was under the age of 45; or
(ii) on the relevant date the member was under the age of 50 and had not attained the age of 65, in the case of the member being a man, or 60, in the case of the member being a woman, before 6th April 1979 and the period in respect of which payment of the allowance is to relate begins on or after 6th April 1979£918 per annum£17.60 per week
(c)

if heads (a) and (b) do not apply and on the relevant date the member was a man under the age of 60 or a

woman under the age of 55

£459 per annum£8.80 per week
7. Comforts allowance—
(a)under article 14(1)(a)£1,868 per annum£35.80 per week
(b)under article 14(1)(b)£934 per annum£17.90 per week
8. Allowance for lowered standard of occupation under article 15£4,333 per annum (*)£83.04 per week (*)
9. Age allowance under article 16 where the degree of pensioned disablement is—
(a)40 to 50 per cent£767 per annum£14.70 per week
(b)

over 50 per cent, but not exceeding

70 per cent

£1,184 per annum£22.70 per week
(c)

over 70 per cent, but not exceeding

90 per cent

£1,683 per annum£32.25 per week
(d)over 90 per cent£2,369 per annum£45.40 per week
10. Part-time treatment allowance under article 19£101.05 per day (*)£101.05 per day (*)
11. Mobility supplement under article 20£4,135 per annum£79.25 per week

Article 4(a)

SCHEDULE 4TABLES TO BE SUBSTITUTED FOR TABLES 1, 2, 3, 4, 5, 6 AND 7 IN PART 2 OF SCHEDULE 2 TO THE PRINCIPAL ORDER

Table 1

YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BEFORE 14 AUGUST 1914 OR AFTER 30 SEPTEMBER 1921

PENSIONS OTHER THAN PENSIONS AWARDED UNDER ARTICLE 11(1) OR (2) OF THE 1921 (OFFICERS) ORDER(4) OR ARTICLE 11(1) OF THE 1921 (WARRANT OFFICERS) ORDER(5), OF THE 1920 WARRANT(6) OR OF THE 1921 ORDER(7)

GroupYearly Rate
(1)(2)
£
110,061
29,704
39,474
49,268
59,182
68,997
78,948
88,883
98,851
108,812
118,760

Table 2

WEEKLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS OR AIRMEN

GroupWeekly Rate
(1)(2)
£
12-17167.00

Table 3

YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BETWEEN 14 AUGUST 1914 AND 30 SEPTEMBER 1921

PENSIONS AWARDED UNDER ARTICLE 11(1) OR (2) OF THE 1921 (OFFICERS) ORDER OR ARTICLE 11(1) OF THE 1921 (WARRANT OFFICERS) ORDER, OF THE 1920 WARRANT OR OF THE 1921 ORDER

GroupYearly Rate
(1)(2)
£
110,287
29,834
39,608
49,378
59,203
69,018
78,967
88,883
98,851
108,812
118,760

Table 4

YEARLY RATES OF PENSIONS FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES BEFORE 14 AUGUST 1914 OR AFTER 30 SEPTEMBER 1921

GroupYearly Rate
(1)(2)
£
110,061
29,704
39,474
49,268
59,182
68,997
78,948
83,085
92,748
102,420
112,138

Table 5

WEEKLY RATES OF PENSION FOR CHILDLESS SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS AGED UNDER 40 BEING SURVIVING SPOUSES OR SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS OR AIRMEN

GroupWeekly Rate
(1)(2)
£
12-1740.01

Table 6

YEARLY RATE OF SUPPLEMENTARY PENSION FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES AND WHOSE SERVICE TERMINATED ON OR BEFORE 31 MARCH 1973

GroupYearly Rate
(1)(2)
£
1-115,830.59

Table 7

WEEKLY RATE OF SUPPLEMENTARY PENSION FOR SURVIVING SPOUSES AND SURVIVING CIVIL PARTNERS OF RATINGS, SOLDIERS AND AIRMEN WHO WERE MEMBERS OF THE ARMED FORCES AND WHOSE SERVICE TERMINATED ON OR BEFORE 31 MARCH 1973

GroupWeekly Rate
(1)(2)
£
12-17111.74

Article 4(b)

SCHEDULE 5TABLE TO BE SUBSTITUTED FOR THE TABLE IN PART 3 OF SCHEDULE 2 TO THE PRINCIPAL ORDER

Table

RATES OF PENSIONS, OTHER THAN SURVIVING SPOUSES’ AND SURVIVING CIVIL PARTNERS’ PENSIONS AND ALLOWANCES PAYABLE IN RESPECT OF DEATH

Description of Pension or AllowanceRates
Groups 1-11Groups 12-17
(*)

maximum amount payable.

1. Pension under article 24 to dependant who lived as a spouse or dependant who lived as a civil partner£8,591 per annum(*)£164.65 per week(*)
2. Rent allowance under article 25£3,280 per annum (*)£62.85 per week (*)
3. Elderly persons allowance under article 26—
(a)if aged 65 or over but under 70£994 per annum£19.05 per week
(b)if aged 70 or over but under 80£1,910 per annum£36.60 per week
(c)if aged 80 or over£2,836 per annum£54.35 per week
4. Allowances in respect of children—
(a)under article 28(2)(a)—
(i) in respect of the only, elder or eldest child of a member£1,367 per annum£26.20 per week
(ii) in respect of each other child of a member£1,524 per annum£29.20 per week
(iii) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992, or any legislation in Northern Ireland or the Isle of Man corresponding to that Act£1,524 per annum£29.20 per week
(b)under article 28(2)(b)
(i) in respect of the only, elder or eldest child of a member£1,565 per annum£30.00 per week
(ii) in respect of each other child of a member£1,712 per annum£32.80 per week
(iii) where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992, or any legislation in Northern Ireland or the Isle of Man corresponding to that Act£1,712 per annum£32.80 per week
5. Pension under article 29 to a child of a member who has no parent living and has not attained the child’s age limit—
(a)in respect of the only, elder or eldest child of a member£1,565 per annum£30.00 per week
(b)in respect of each other child of a member£1,712 per annum£32.80 per week
(c)where the child does not qualify for child benefit under the Social Security Contributions and Benefits Act 1992, or any legislation in Northern Ireland or the Isle of Man corresponding to that Act£1,712 per annum£32.80 per week
6. Allowance under article 30(2)(b) to or in respect of a child who has attained the child’s age limit£6,700 per annum(*)£128.40 per week(*)

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (“the principal Order”), which makes provision for pensions and other awards in respect of disablement or death due to service before 6th April 2005 in the naval, military and air forces. The principal Order contains the scheme which provides the pensions and other awards.

The Tables in Schedules 1 to 5 to this Order replace tables in Schedules 1 and 2 to the principal Order, in order to adjust the rates prescribed for retired pay, pensions, gratuities and allowances in respect of disablement or death due to service in the armed forces. A minor amendment to the heading of the table in Part 2 of Schedule 2 to the principal Order corrects an error in the time period to which the table applies which was introduced by S.I. 2012/359.

Article 5 amends the definition of “terminal illness” such that a person is terminally ill where their death, as a result of a progressive disease, can reasonably be expected within 12 months, as opposed to 6 months prior to the amendment.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(2)

1977 c. 5; section 24(3) was amended by section 4 of, and paragraph 46 of Schedule 2 to, the Social Security (Consequential Provisions) Act 1992 (c. 6).

(3)

Item 58A was inserted by S.I. 2009/706.

(4)

Order in Council of 9th March 1921.

(5)

Order in Council of 9th March 1921.

(6)

Royal Warrant of 2nd July 1920.

(7)

Order of His Majesty of 25th September 1921.