2002 No. 792
The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2002
Made
Laid before Parliament
Coming into force
At the Court at Buckingham Palace, the 26th day of March 2002
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 section 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 2002 and, subject to article 2(2), shall come into force on 8th April 2002.
2
In this Order “the principal Order” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is to the article, Part, Table or Schedule in the principal Order which bears that number.
Amendments of the principal Order and application2
1
The amendments to the principal Order contained in Schedule 1 to this Order shall have effect.
2
Paragraphs 3, 4, 5 and 9(c) of Schedule 1 to this Order (which amend articles 18, 19, 27 and 33 of the principal Order) shall apply for the purposes of claims or reviews made on or after 1st August 2002.
SCHEDULE 1AMENDMENTS TO THE PRINCIPAL ORDER
Amendment of article 3A1
In article 3A (making of claims)—
a
in sub-paragraph (2)(j) for the words “a widow's” substitute “a widow or widower's”;
b
omit sub-paragraph (2)(m); and
c
in sub-paragraph (2)(n) for the words “a widow” substitute “a widow or widower”.
Amendment of article 3B2
In article 3B (cases where claims are not required)—
a
in paragraph (3) and sub-paragraph (9)(a) for the words “a widow's” substitute “a widow or widower's”;
b
in paragraph (5) for “, article 30 (which relates to pensions for unmarried dependants who lives as spouses) or article 34 (pensions to widowers).” insert “or article 30 (which relates to pensions for unmarried dependants who lived as spouses).”; and
c
omit sub-paragraph (9)(c).
Amendment of article 183
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 19736 or section 2(3) of the Enterprise and New Towns (Scotland) Act 19907 or corresponding provisions in Northern Ireland.
Amendment of article 194
In paragraph (3) of article 19 (invalidity allowance) after “8 weeks” insert “or the break is by reason of remunerative work where the member of the armed forces is one to whom sub-paragraphs (b) to (f) of article 18(1B) apply”.
Amendment of article 275
In article 27 (application of part IV) after paragraph (4) insert—
5
For the purposes of paragraph (4), a member of the armed forces shall be treated as if they were in receipt of an allowance under article 18 if—
i
at the time of their death sub-paragraphs (b), (c) and (f) of article 18(1B) applied to them; and
ii
the period of remunerative work had not exceeded a period of 52 weeks.
Amendment of Article 296
In article 29 (pensions to widows)—
a
in paragraph (1) for “widow” substitute “widow or widower”;
b
in sub-paragraph (1)(a)(iii) for “mother” substitute “parent”;
c
in paragraph (1A) for the amount £58.95 substitute the amount £59.95, and for “widow” substitute “widow or widower”; and
d
the title to the article shall be amended to “pensions to widows and widowers”.
Amendment of article 317
In article 31 (rent allowance to widows, widowers and unmarried dependants who lived as spouses who have children)—
a
in paragraph (1) for the words “article 29 or 34” substitute “article 29”; and
b
in paragraph (2) for the words “article 29, 30 or 34” substitute “articles 29 or 30”.
Amendment of article 328
In article 32 (allowance to elderly widows, widowers and unmarried dependants who lived as spouses)—
a
in sub-paragraph (a)(i) for “widow” substitute “widow or widower” and for “his wife” substitute “their spouse”; and
b
in sub-paragraph (a)(ii) for the words “article 29, 30 or 34” substitute “articles 29 or 30”.
Amendment of article 339
In article 33 (temporary allowances to widows and unmarried dependants who lived as wives of severely disabled pensioners)—
a
for “widow” substitute “widow or widower” wherever it appears;
b
in paragraph (1) for “his wife” substitute “their spouse”;
c
after paragraph (1) add—
1A
For the purposes of paragraph (1), a member of the armed forces shall be treated as if they were in receipt of an allowance under article 18(1)(a) if—
i
at the time of their death sub-paragraphs (b), (c) and (f) of article 18(1B) applied to them; and
ii
the period of remunerative work had not exceeded a period of 52 weeks.
d
in paragraphs (3) and (4) for “wife” substitute “spouse”.
Amendment of article 3410
Article 34 (pensions to widowers) shall be omitted.
Amendment of article 3511
In article 35 (allowances for children under the child’s age limit)—
a
in sub-paragraph (2)(a) for the words “paragraph 5(a)” substitute “paragraph 4(a)”; and
b
in sub-paragraph (2)(b)—
i
for the words “paragraph 5(b)” insert “paragraph 4(b)”; and
ii
for the words “article 29, 30, 34 or 39” insert “articles 29, 30 or 39”.
Amendment of article 3612
In paragraph (2) of article 36 (pensions for children under the child’s age limit with no parents living) for the words “paragraph 6” substitute “paragraph 5”.
Amendment of article 3713
In sub-paragraph (2)(b) of article 37 (award for children who have attained the child’s age limit) for the words “paragraph 7” substitute “paragraph 6”.
Amendment of article 3814
In paragraph (3) of article 38 (education allowance) for the words “paragraph 8” substitute “paragraph 7”.
Amendment of article 4015
In article 40 (pensions to parents)—
a
in paragraphs (3) and (4) for the words “paragraph 9(a)” substitute “paragraph 8(a)”;
b
in sub-paragraphs (3)(a)(i) and (3)(b) for the words “paragraph 9(b)” insert “paragraph 8(b)”;
c
in sub-paragraph (3)(c) for the words “paragraph 9(c)” insert “paragraph 8(c)”; and
d
in sub-paragraph (4)(d) for the words “paragraph 9(d)” insert “paragraph 8(d)”.
Amendment of article 4116
In article 41 (pensions to other dependants)—
a
in paragraph (2) for the words “paragraph 10(a)” substitute “paragraph 9(a)”;
b
in sub-paragraphs (3)(a) and (3)(b) for the words “paragraph 10(b)” insert “paragraph 9(b)”; and
c
in sub-paragraphs (3)(a)(i) and (3)(b) for the words “paragraph 10(c)” insert “paragraph 9(c)”.
Amendment of Schedule 117
Schedule 1 (rates of retired pay, pensions, gratuities and allowances in respect of disablement due to service in the armed forces) shall be amended as follows—
a
for the Table in Part II there shall be substituted the Table set out in Schedule 2 to this Order;
b
for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 3 and 4 to this Order; and
c
for Part IV there shall be substituted the Part set out in Schedule 5 to this Order.
Amendment of Schedule 218
In Schedule 2 (rates of provisions and allowances in respect of death due to service in the armed forces)—
a
for Tables 1, 2, 3, 4 and 5 of Part II substitute the Tables set out in Schedule 6 to this Order; and
b
for Part III substitute the Part set out in Schedule 7 to this Order.
Amendment of Schedule 419
In Part II of Schedule 4 (glossary of expressions) omit items 21 (dependent), 29 (material date) and 53 (widower).
Amendment of Schedule 720
In Schedule 7 (deductions for the purposes of article 56) there shall be substituted the Table set out in Schedule 8 to this Order.
SCHEDULE 2TABLE TO BE SUBSTITUTED FOR THE TABLE SET OUT IN PART II OF SCHEDULE 1
TABLE
1
WEEKLY RATES OF PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 10-15 OF PART I OF THIS SCHEDULE.
2
YEARLY RATES OF RETIRED PAY AND PENSIONS FOR DISABLED MEMBERS OF THE ARMED FORCES IN GROUPS 1-9 OF PART I OF THIS SCHEDULE.
Degree of Disability | Weekly rate | Yearly rate |
---|---|---|
Per cent. | £ | £ |
100 | 121.80 | 6,356 |
90 | 109.62 | 5,720 |
80 | 97.44 | 5,085 |
70 | 85.26 | 4.449 |
60 | 73.08 | 3,814 |
50 | 60.90 | 3,178 |
40 | 48.72 | 2,542 |
30 | 36.54 | 1,907 |
20 | 24.36 | 1,271 |
SCHEDULE 3TABLE TO BE SUBSTITUTED FOR TABLE 1 OF PART III OF SCHEDULE 1
TABLE 1GRATUITIES PAYABLE FOR SPECIFIED MINOR INJURIES
Description of Injury | Assessments | Groups 1–15 |
---|---|---|
For the loss of: | Per cent | £ |
| ||
Index Finger—more than 2 phalanges including loss of whole finger | 14 | 5,792 |
More than 1 phalanx but not more than 2 phalanges | 11 | 4,635 |
1 phalanx or part thereof | 9 | 3,861 |
Guillotine amputation of tip without loss of bone | 5 | 2,312 |
Middle finger—more than 2 phalanges including loss of whole finger | 12 | 5,017 |
More than 1 phalanx but not more than 2 phalanges | 9 | 3,861 |
1 phalanx or part thereof | 7 | 3,087 |
Guillotine amputation of tip without loss of bone | 4 | 1,930 |
Ring or little finger—more than 2 phalanges including loss of whole finger | 7 | 3,087 |
More than 1 phalanx but not more than 2 phalanges | 6 | 2,705 |
1 phalanx or part thereof | 5 | 2,312 |
Guillotine amputation of tip without loss of bone | 2 | 1,156 |
| ||
Great toe—through metatarso-phalangeal joint | 14 | 5,792 |
Part, with some loss of bone | 3 | 1,538 |
1 other toe—through metatarso-phalangeal joint | 3 | 1,538 |
Part, with some loss of bone | 1 | 775 |
2 toes, excluding great toe—through metatarso-phalangeal joint | 5 | 2,312 |
Part, with some loss of bone | 2 | 1,156 |
3 toes, excluding great toe—through metatarso-phalangeal joint | 6 | 2,705 |
Part, with some loss of bone | 3 | 1,538 |
4 toes, excluding great toe—through metatarso-phalangeal joint | 9 | 3,861 |
Part, with some loss of bone | 3 | 1,538 |
SCHEDULE 4TABLE TO BE SUBSTITUTED FOR TABLE 2 OF PART III OF SCHEDULE 1
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
Groups 1–15 | Estimated duration of the disablement within the degree referred to | ||||||||
---|---|---|---|---|---|---|---|---|---|
Temporary less than a year | Temporary more than a year | Indeterminate | |||||||
Per cent. | Per cent. | Per cent. | |||||||
1–5 | 6–14 | 15–19 | 1–5 | 6–14 | 15–19 | 1–5 | 6–14 | 15–19 | |
£ | £ | £ | £ | £ | £ | £ | £ | £ | |
321 | 719 | 1,258 | 646 | 1,433 | 2,509 | 1,937 | 4,304 | 7,532 |
SCHEDULE 5PART TO BE SUBSTITUTED FOR PART IV OF SCHEDULE 1
PART IVRATES OF ALLOWANCES PAYABLE IN RESPECT OF DISABLEMENT AND EARNINGS OR INCOME THRESHOLDS
Rates | ||
---|---|---|
Description of Allowance | Groups 1–9 | Groups 10–15 |
| £120 per annum* | £120 per annum* |
| ||
| £4,801 per annum* | £92.00 per week* |
| £2,400 per annum* | £46.00 per week* |
| ||
| £1,200 per annum | £23.00 per week |
| £2,400 per annum | £46.00 per week |
| £3,600 per annum | £69.00 per week |
| £4,801 per annum | £92.00 per week |
| £2,400 per annum | £46.00 per week |
| £1,200 per annum | £23.00 per week |
| £157 per annum | £157 per annum |
| ||
| £3,927 per annum | £75.25 per week |
| ||
| £2,215 per annum* | £42.45 per week* |
| ||
| £514 per annum | £9.85 per week |
| £603 per annum | £11.55 per week |
| £603 per annum | £11.55 per week |
For decisions made on or after 9th April 2001 | ||
| ||
| ||
| ||
| ||
| ||
| ||
| £777 per annum | £14.90 per week |
| ||
| ||
| £496 per annum | £9.50 per week |
| £248 per annum | £4.75 per week |
| ||
| £1,028 per annum | £19.70 per week |
| £514 per annum | £9.85 per week |
| £2,396 per annum* | £45.92 per week* |
| ||
| £425 per annum | £8.15 per week |
| £655 per annum | £12.55 per week |
| £931 per annum | £17.85 per week |
| £1,310 per annum | £25.10 per week |
| ||
Treatment allowance—increase of personal allowances under article 23(3) | £1,310 per annum* | £25.10 per week* |
| £55.83 per day* | £55.83 per day* |
| £2,288 per annum | £43.85 per week |
* maximum |
SCHEDULE 6TABLES TO BE SUBSTITUTED FOR TABLES 1, 2, 3, 4 AND 5 OF PART II OF SCHEDULE 2
PART IIRATES OF PENSIONS AND ALLOWANCES
TABLE 1YEARLY RATES OF PENSIONS FOR WIDOWS AND WIDOWERS 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 OR ARTICLE 11(1) OF THE 1921 (WARRANT OFFICERS) ORDER, OF THE 1920 WARRANT OR OF THE 1921 ORDER
Group | Yearly rate |
---|---|
£ | |
1 | 5,564 |
2 | 5,366 |
3 | 5,240 |
4 | 5,127 |
5 | 5,048 |
6 | 4,975 |
7 | 4,950 |
8 | 4,912 |
9 | 4,894 |
10 | 4,874 |
11 | 4,844 |
TABLE 2WEEKLY RATES OF PENSIONS FOR WIDOWS AND WIDOWERS OF RATINGS, SOLDIERS OR AIRMEN
Group | Weekly Rate |
---|---|
(1) | (2) |
£ | |
12 | 92.30 |
13 | 92.30 |
14 | 92.30 |
15 | 92.30 |
16 | 92.30 |
17 | 92.00 |
TABLE 3YEARLY RATES OF PENSIONS FOR WIDOWS AND WIDOWERS 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) | (2) |
£ | |
1 | 5,689 |
2 | 5,439 |
3 | 5,313 |
4 | 5,188 |
5 | 5,089 |
6 | 4,987 |
7 | 4,959 |
8 | 4,912 |
9 | 4,894 |
10 | 4,874 |
11 | 4,844 |
TABLE 4YEARLY RATES OF PENSIONS FOR WIDOWS AND WIDOWERS OF OFFICERS WHO WERE MEMBERS OF THE FORCES BEFORE 14 AUGUST 1914 OR AFTER 30 SEPTEMBER 1921
Group | Yearly rate |
---|---|
(1) | (2) |
£ | |
1 | 5,564 |
2 | 5,366 |
3 | 5,240 |
4 | 5,127 |
5 | 5,048 |
6 | 4,975 |
7 | 4,950 |
8 | 1,706 |
9 | 1,521 |
10 | 1,338 |
11 | 1,184 |
TABLE 5WEEKLY RATES OF PENSION FOR CHILDLESS WIDOWS AND WIDOWERS AGED UNDER 40 BEING WIDOWS OR WIDOWERS OF RATINGS, SOLDIERS OR AIRMEN
Group | Weekly Rate |
---|---|
(1) | (2) |
£ | |
12 | 22.12 |
13 | 22.12 |
14 | 22.12 |
15 | 22.12 |
16 | 22.12 |
17 | 22.12 |
SCHEDULE 7PART TO BE SUBSTITUTED FOR PART III OF SCHEDULE 2
PART IIIRATES OF PENSIONS, OTHER THAN WIDOWS' OR WIDOWERS' PENSIONS, AND ALLOWANCES PAYABLE IN RESPECT OF DEATH
Rate | ||
---|---|---|
Description of Pension or Allowance | Groups 1–11 | Groups 12–17 |
| £4,694 per annum* | £89.95 per week* |
| £1,816 per annum* | £34.80 per week* |
| ||
| £550 per annum | £10.55 per week |
| £1,054 per annum | £20.20 per week |
| £1,568 per annum | £30.05 per week |
| ||
| ||
| £759 per annum | £14.55 per week |
| £845 per annum | £16.20 per week |
| £845 per annum | £16.20 per week |
| ||
| £861 per annum | £16.50 per week |
| £947 per annum | £18.15 per week |
| £947 per annum | £18.15 per week |
| ||
| £861 per annum | £16.50 per week |
| £947 per annum | £18.15 per week |
| £947 per annum | £18.15 per week |
| £3,702 per annum* | £70.95 per week* |
| £120 per annum* | £120 per annum* |
| ||
| £15 per annum | £0.25 per week |
| ||
|
| |
£75 per annum* | £1.00 per week* | |
| ||
£60 per annum* | ||
|
| |
£100 per annum* | £1.38 per week* | |
| ||
£85 per annum* | ||
| £20 per annum* |
|
| ||
| £1.00 per week* | |
| ||
| £54 per annum* | £1.00 per week* |
|
| |
£26 per annum* | £0.30 per week* | |
| ||
£20 per annum* | ||
|
| |
£75 per annum* | £1.00 per week* | |
| ||
£65 per annum* | ||
* maximum |
SCHEDULE 8
SCHEDULE 7DEDUCTIONS FOR THE PURPOSES OF ARTICLE 56
TABLE
Allowance/Pension
Date of Deduction
Weekly Rate of Deduction
Constant attendance allowance (article 14)
After 4 weeks of falling within article 56 paragraph (1)
Total amount of Constant Attendance Allowance
Severe disablement occupational allowance (article 16)
After 4 weeks of falling within article 56 paragraph (1)
Total amount of Severe Disablement Occupational Allowance
Unemployability personal allowance (article 18)
After 8 weeks of falling within article 56 paragraph (1)
i
Where member has no partner, spouse or dependants—£28.70
ii
Where member has partner, spouse or dependants—£15.10
Unemployability allowance increase for wife, husband, unmarried dependant living as a spouse or adult dependant (article 18)
i
After 8 weeks of falling within article 56 paragraph (1)
ii
After 104 weeks of falling within article 56 paragraph (1)
i
£15.10
ii
£28.70
Invalidity allowance (article 19)
After 52 weeks of falling within article 56 paragraph (1)
i
Where member has no dependants—total amount of Invalidity Allowance
ii
Where member has dependants—nil
War widows pension and war widowers pension (article 29) and pension paid to an unmarried dependant who lived as spouse (article 30)
After 52 weeks of falling within article 56 paragraph (1)
£28.70
(This note is not part of the Order)