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

Explanatory Note

(This note is not part of the Order)

This Order amends the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 (“the principal Order”) which makes provisions for pensions and other awards in respect of disablement or death due to service in the naval, military and air forces.

Pensions for widows and widowers will, from 8th April 2002, be determined on the same basis and the amendments to the principal Order under paragraphs 1 and 2 and 6 to 16 of Schedule 1 amend articles 3A, 3B, 29, 31 to 38, 40 and 41 of the principal Order. References to widows will include widowers and references to a wife or husband shall be to a spouse. There are consequential amendments to remove references to pensions of dependant widowers.

Paragraphs 3 to 5 and 9(c) of Schedule 1 amend articles 18, 19, 27 and 33 of the principal Order to protect the position of certain recipients of unemployability allowance who wish to take up remunerative work, including training.

Under article 18 of the principal Order, where a member of the armed forces is in receipt of unemployability allowance and their claim was determined before 7th April 1997, the degree of disablement had to be 20 per cent or greater. If such a person gained remunerative work that terminated, a new claim for unemployability allowance would require a 60 per cent or greater disablement to be present. Therefore the amendments to the principal Order provide that where a person’s remunerative work terminates within 52 weeks of receiving the original unemployability allowance and there is no previous period of remunerative work in the 28 weeks prior to the loss of entitlement, their new claim will require a 20 per cent or greater disablement to be present.

Receipt of invalidity allowance under article 19 is dependent upon receipt of unemployability allowance. A member of the armed forces whose remunerative work terminated and who submitted a new claim for invalidity allowance more than 8 weeks after previous receipt may only receive invalidity allowance at a rate lower than the earlier level. Article 19(3) of the principal Order has been amended so that a period of up to 52 weeks will not be treated as a break for the purposes of eligibility to invalidity allowance, where remunerative work has been terminated and where there is no previous period of remunerative work in the 28 weeks prior to the loss of entitlement.

Articles 27 and 33 of the principal Order have been amended so that if a qualifying person dies during a qualifying period of remunerative work, the entitlement to allowances by their dependants will not be affected.

Paragraph 6 of Schedule 1 increases the amount of a widow’s pension payable under article 29 of the principal Order.

Paragraphs 17, 18 and 20 of Schedule 1 substitute Tables in Schedules 1, 2 and 7 to the principal Order, thereby varying the rates of retired pay, pensions, gratuities and allowances in respect of disablement or death due to service in the armed forces.

This Order does not impose any costs on business.