The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2002

Amendment of article 18

3.  In article 18 (unemployability allowances)—

(a) in paragraph (1A) after sub-paragraph (b) insert the full-out words “unless paragraph (1B) applies.”; and

(b) after paragraph (1A) insert—

“(1B) If the member—

(a) was in receipt of unemployability allowance before 7th April 1997;

(b) became engaged in remunerative work on or after 8th April 2002 and in consequence ceased to be entitled to unemployability allowance;

(c) had given notice to the Secretary of State that he had become engaged in remunerative work within one week of ceasing to be entitled to unemployability allowance;

(d) then ceased to be engaged in remunerative work;

(e) makes a new claim for unemployability allowance within 52 weeks of the termination of the original payment of unemployability allowance; and

(f) was not engaged in a previous period of remunerative work within 28 weeks of the date sub-paragraph (b) applied to them,

then paragraph (1) shall continue to apply to that new claim subject to the degree of disablement being assessed at not less than 20 per cent.

(1C) For the purposes of paragraph (1B) “remunerative work” means either—

(a) work for which payment is made or which is done in expectation of payment; or

(b) attendance at a training course in respect of which the member receives a training allowance in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973(1) or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990(2) or corresponding provisions in Northern Ireland.”.

(1)

1973 c. 50.

(2)

1990 c. 35.