The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009

Transitory provisions and savings

18.—(1) The amendments to articles 8, 10 and 14 of the principal Order shall not apply where a claim for constant attendance allowance under article 8 was made before 6th April 2009.

(2) Where a member of the armed forces died before 6th April 2009, article 32 of the principal Order in force immediately before the coming into force of this Order shall apply to a claim for funeral expenses.

(3) For the purposes of a deemed overpayment under article 50(3) or an abatement in respect of social security benefits under article 56, no account shall be taken of an amount payable under the Welfare Reform Act (Northern Ireland) 2007 for any period before 6th April 2009.

(4) Where a claim was made before 6th April 2009, the Secretary of State may withhold or reduce a pension to or in respect of a child whose maintenance is otherwise provided for in accordance with the provisions of article 55 of the principal Order in force immediately before the coming into force of this Order.

(5) Where a notice in writing of a decision of an appropriate tribunal was received by the Secretary of State before 6th April 2009, the relevant period to suspend payment of a pension or a gratuity under article 61 of the principal Order shall be one month.

(6) In paragraph (5) “appropriate tribunal” and “relevant period” have the same meaning as in article 61 of the principal Order.