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

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Amendment of article 8 (Constant attendance allowance)

3.  Article 8 is amended as follows—

(a)in paragraph (1) for “Subject to article 71(4)” substitute “Subject to paragraph (6) and article 71(4)”;

(b)after paragraph (5) add—

“(6) Where—

(a)a member of the armed forces is in receipt of retired pay or pension in respect of disablement, due to one or more injuries, the degree of which is not less than 80%, and

(b)one of those injuries is a terminal illness,

the member shall be taken to satisfy or likely to satisfy the necessary attendance specified in paragraph (4) for so much of the period for which he is terminally ill as does not fall before the date of claim, and the rate of the allowance shall be the intermediate rate specified in paragraph 1(a)(iii) of Part IV of Schedule 1.”.

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