1995 No. 766
The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1995
Made
Laid before Parliament
Coming into force
At the Court at Buckingham Palace, the 15th day of March 1995
Present,
The Queen’s Most Excellent Majesty in Council
WHEREAS Her Majesty deems it expedient to amend the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 19831 by Order in Council in pursuance of section 12(1) of the Social Security (Miscellaneous Provisions) Act 19772:
NOW, THEREFORE, Her Majesty, in exercise of the powers conferred by section 3 of the Naval and Marine Pay and Pensions Act 18653, section 2(1) of the Pensions and Yeomanry Pay Act 18844, section 2(1) of the Air Force (Constitution) Act 19175, and sections 12(1) and 24(3) of the said Act of 1977 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council to order, and it is hereby ordered, as follows:
Citation, commencement and interpretation1
1
This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1995 and shall come into force on 10th April 1995.
2
In this Order, “the principal Order” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
Amendment of article 18 of the principal Order2
In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£2,236” there shall be substituted the amount “£2,288”.
Amendment of article 26A of the principal Order3
At the end of head (iii) of sub-paragraph (1)(c) of article 26A of the principal Order (mobility supplement)6 there shall be added the word “, or” followed by the following head—
iv
has been in receipt of the mobility component of a disability living allowance under section 73 of either the Social Security Contributions and Benefits Act 19927 or the Social Security Contributions and Benefits (Northern Ireland) Act 19928 having been deemed, by virtue of section 74(1) of the relevant Act, to be suffering from such disablement as is mentioned in subsection (1)(a) of section 73 of the relevant Act and to satisfy the requirements of subsection (9) of that section.
Amendment of article 29 of the principal Order4
Article 29 of the principal Order (pensions to widows)9 shall be amended as follows—
a
in paragraph (1A) for the amount “£48.70” there shall be substituted the amount “£49.77”;
b
paragraph (2) shall be omitted.
Amendment of article 67A of the principal Order5
In paragraph (1) of article 67A of the principal Order (suspension in individual cases— Pensions Appeal Tribunal)10 for the words “determination of that question on appeal” there shall be substituted the words “determination of the appeal”.
Amendment of article 67B of the principal Order6
In article 67B(1) of the principal Order (suspension in individual cases— courts) for the words “determination of that question on appeal” there shall be substituted the words “determination of the appeal”.
Amendment of Schedules to the principal Order7
1
In Schedule 1 to the principal Order (rates of retired pay, pensions, gratuities and allowances)—
a
for the Table in Part II there shall be substituted the Table set out in Schedule 1 to this Order;
b
for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 2 and 3 to this Order; and
c
for Part IV there shall be substituted the Part set out in Schedule 4 to this Order.
2
In Schedule 2 to the principal Order (rates of pensions and allowances in respect of death)—
a
for Tables 1, 2, 3, 4 and 5 of Part II there shall be substituted the Tables set out in Schedule 5 to this Order;
b
for Part III there shall be substituted the Part set out in Schedule 6 to this Order.
SCHEDULE 1TABLE TO BE SUBSTITUTED FOR THE TABLE SET OUT IN PART II OF SCHEDULE 1 TO THE PRINCIPAL ORDER
TABLE
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 Disability | Weekly rate | Yearly rate |
---|---|---|
Per cent | £ | £ |
100 | 101.10 | 5,275 |
90 | 90.99 | 4,748 |
80 | 80.00 | 4,220 |
70 | 70.77 | 3,693 |
60 | 60.66 | 3,165 |
50 | 50.55 | 2,638 |
40 | 40.44 | 2,110 |
30 | 30.33 | 1,583 |
20 | 20.22 | 1,055 |
SCHEDULE 2TABLE TO BE SUBSTITUTED FOR TABLE 1 OF PART III OF SCHEDULE 1 TO THE PRINCIPAL ORDER
TABLE 1GRATUITIES PAYABLE FOR SPECIFIED MINOR INJURIES
Description of Injury | Assessments | Groups 1-9 | Groups 10-15 |
---|---|---|---|
Per cent | £ | £ | |
For the loss of: | |||
| |||
| |||
| 14 | 4,808 | 4,778 |
| 11 | 3,848 | 3,823 |
| 9 | 3,205 | 3,185 |
| 5 | 1,919 | 1,909 |
| |||
| 12 | 4,165 | 4,140 |
| 9 | 3,205 | 3,185 |
| 7 | 2,562 | 2,547 |
| 4 | 1,603 | 1,593 |
| |||
| 7 | 2,562 | 2,547 |
| 6 | 2,246 | 2,231 |
| 5 | 1,919 | 1,909 |
| 2 | 960 | 955 |
| |||
| |||
| 14 | 4,808 | 4,778 |
| 3 | 1,276 | 1,271 |
| |||
| 3 | 1,276 | 1,271 |
| 1 | 643 | 638 |
| |||
| 5 | 1,919 | 1,909 |
| 2 | 960 | 955 |
| |||
| 6 | 2,246 | 2,231 |
| 3 | 1,276 | 1,271 |
| |||
| 9 | 3,205 | 3,185 |
| 3 | 1,276 | 1,271 |
SCHEDULE 3TABLE TO BE SUBSTITUTED FOR TABLE 2 OF PART III OF SCHEDULE 1 TO THE PRINCIPAL ORDER
TABLE 2GRATUITIES 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
Group | Estimated duration of the disablement within the degree referred to | ||||||||
---|---|---|---|---|---|---|---|---|---|
Temporary less than a year Per cent. | |||||||||
1-5 £ | 6-14 £ | 15-19 £ | |||||||
Temporary more than a year Per cent. | |||||||||
1-5 £ | 6-14 £ | 15-19 £ | |||||||
Indeterminate Per cent. | |||||||||
1-5 £ | 6-14 £ | 15-19 £ | |||||||
1 | 275 | 612 | 1,070 | 549 | 1,220 | 2,137 | 1,649 | 3,665 | 6,413 |
3 | 273 | 607 | 1,063 | 545 | 1,211 | 2,121 | 1,637 | 3,638 | 6,366 |
4 | 271 | 603 | 1,055 | 541 | 1,202 | 2,105 | 1,625 | 3,611 | 6,319 |
5 | 269 | 600 | 1,049 | 539 | 1,196 | 2,095 | 1,617 | 3,593 | 6,287 |
6 | 268 | 597 | 1,044 | 536 | 1,190 | 2,084 | 1,609 | 3,575 | 6,256 |
7,8 | 266 | 592 | 1,036 | 532 | 1,181 | 2,068 | 1,597 | 3,548 | 6,209 |
9 | 264 | 588 | 1,028 | 528 | 1,172 | 2,053 | 1,585 | 3,521 | 6,161 |
10 | 265 | 589 | 1,030 | 530 | 1,175 | 2,057 | 1,584 | 3,519 | 6,153 |
11 | 265 | 588 | 1,029 | 529 | 1,174 | 2,054 | 1,582 | 3,514 | 6,144 |
12 | 264 | 588 | 1,027 | 528 | 1,172 | 2,051 | 1,580 | 3,509 | 6,135 |
13 | 264 | 587 | 1,026 | 528 | 1,170 | 2,048 | 1,578 | 3,504 | 6,127 |
14 | 263 | 586 | 1,024 | 527 | 1,169 | 2,045 | 1,575 | 3,499 | 6,118 |
15 | 263 | 585 | 1,023 | 526 | 1,167 | 2,042 | 1,573 | 3,494 | 6,109 |
SCHEDULE 4PART TO BE SUBSTITUTED FOR PART IV OF SCHEDULE 1 TO THE PRINCIPAL ORDER
PART IVRATES OF ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT
Description of Allowance | Rate | |
---|---|---|
Groups 1-9 | Groups 10-15 | |
| £120 per annum (maximum) | £120 per annum (maximum) |
| ||
| £3987 per annum (maximum) | £76.40 per week (maximum) |
| £1993 per annum (maximum) | £38.20 per week (maximum) |
| £1993 per annum | £38.20 per week |
| £997 per annum | £19.10 per week |
| ||
| £82 per annum | £82 per annum |
| £129 per annum | £129 per annum |
| ||
| £3,259 per annum | £62.45 per week |
| ||
| £1839 per annum (maximum) | £35.25 per week (maximum) |
| ||
| £514 per annum | £9.85 per week |
| £577 per annum | £11.05 per week |
| £577 per annum | £11.05 per week |
| ||
| ||
| ||
| ||
| £647 per annum | £12.40 per week |
| ||
| ||
| £407 per annum | £7.80 per week |
| £204 per annum | £3.90 per week |
| ||
| £856 per annum | £16.40 per week |
| £428 per annum | £8.20 per week |
| £1989 per annum | £38.12 per week |
| ||
| £352 per annum | £6.75 per week |
| £543 per annum | £10.40 per week |
| £775 per annum | £14.85 per week |
| £1085 per annum | £20.80 per week |
| £1085 per annum | £20.80 per week |
| £46.50 per day (maximum) | £46.50 per day (maximum) |
| £1,897 per annum | £36.35 per week |
SCHEDULE 5TABLES TO BE SUBSTITUTED FOR TABLES 1, 2, 3, 4 AND 5 OF SCHEDULE 2 PART II
PART IIRATES OF PENSIONS AND ALLOWANCES
TABLE 1YEARLY RATES OF PENSIONS FOR WIDOWS OF OFFICERS WHO WERE MEMBERS OF THE ARMED FORCES AFTER 2 SEPTEMBER 1939
PENSIONS OTHER THAN 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
Group | Yearly rate |
---|---|
£ | |
1 | 4,619 |
2 | 4,453 |
3 | 4,349 |
4 | 4,255 |
5 | 4,192 |
6 | 4,130 |
7 | 4,109 |
8 | 4,078 |
9 | 4,062 |
10 | 4,047 |
11 | 4,021 |
TABLE 2WEEKLY RATES OF PENSIONS FOR WIDOWS OF RATINGS, SOLDIERS OR AIRMEN WHO WERE MEMBERS OF THE FORCES BETWEEN 14 AUGUST 1914 AND 30 SEPTEMBER 1921 OR AFTER 2 SEPTEMBER 1939
Group | Weekly rate |
---|---|
(1) | (2) |
£ | |
12, 13, 14, 15, 16} | 76.60 |
17 | 76.35 |
TABLE 3YEARLY RATES OF PENSIONS FOR WIDOWS OF OFFICERS WHO WERE MEMBERS OF THE 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
Group | Yearly rate |
---|---|
£ | |
1 | 4,723 |
2 | 4,515 |
3 | 4,411 |
4 | 4,307 |
5 | 4,224 |
6 | 4,140 |
7 | 4,116 |
8 | 4,078 |
9 | 4,062 |
10 | 4,047 |
11 | 4,021 |
TABLE 4YEARLY RATES OF PENSIONS FOR WIDOWS OF OFFICERS WHO WERE MEMBERS OF THE FORCES AFTER 2 SEPTEMBER 1939
Group | Yearly rate |
---|---|
£ | |
1 | 4,619 |
2 | 4,453 |
3 | 4,349 |
4 | 4,255 |
5 | 4,192 |
6 | 4,130 |
7 | 4,109 |
8 | 1,415 |
9 | 1,263 |
10 | 1,112 |
11 | 983 |
TABLE 5WEEKLY RATES OF PENSION FOR CHILDLESS WIDOWS AGED UNDER 40 BEING WIDOWS OF RATINGS, SOLDIERS OR AIRMEN WHO WERE MEMBERS OF THE FORCES AFTER 2 SEPTEMBER 1939
Group | Weekly rate |
---|---|
(1) | (2) |
£ | |
12, 13, 14, 15, 16} | 17.93 |
17 | 17.66 |
SCHEDULE 6PART TO BE SUBSTITUTED FOR PART III OF SCHEDULE 2 TO THE PRINCIPAL ORDER
PART IIIRATES OF PENSIONS, OTHER THAN WIDOWS' PENSIONS, AND ALLOWANCES PAYABLE IN RESPECT OF DEATH
Description of Allowance | Rate | |
---|---|---|
Groups 1-11 | Groups 12-17 | |
| £3,877 per annum (maximum) | £74.30 per week (maximum) |
| £1505 per annum (maximum) | £28.85 per week (maximum) |
| ||
| £454 per annum | £8.70 per week |
| £874 per annum | £16.75 per week |
| £1302 per annum | £24.95 per week |
| £4,723 per annum (maximum) | £76.60 per week (maximum) |
| ||
| ||
| £731 per annum | £14.00 per week |
| £793 per annum | £15.20 per week |
| £793 per annum | £15.20 per week |
| ||
| £817 per annum | £15.65 per week |
| £879 per annum | £16.85 per week |
| £879 per annum | £16.85 per week |
| ||
| £817 per annum | £15.65 per week |
| £879 per annum | £16.85 per week |
| £879 per annum | £16.85 per week |
| £3,071 per annum (maximum) | £58.85 per week (maximum) |
| £120 per annum (maximum) | £120 per annum (maximum) |
| ||
| £15 per annum | £0.25 per week |
| ||
|
| £1.00 per week (maximum) |
|
| £1.38 per week (maximum) |
| £20 per annum (maximum) |
|
| £1.00 per week (maximum) | |
| ||
| £54 per annum (maximum) | £1.00 per week (maximum) |
|
| £0.30 per week (maximum) |
|
| £1.00 per week (maximum) |
(This note is not part of the Order)