PART IGENERAL

Interpretation2

1

In this Order —

  • the AFPS 1975” means the occupational pension scheme arrangements, other than the AFPS 2005, that are open to members of the forces and set out in —

    1. a

      Orders in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865 M1,

    2. b

      the Army Pensions Warrant 1977 M2 and

    3. c

      Orders and regulations made under section 2 of the Air Force (Constitution) Act 1917 M3

    or any instrument amending or replacing any of those instruments;

  • the AFPS 2005” means the Scheme established in the Armed Forces Pension Scheme Order 2005 M4;

  • accredited medical specialist” means a medical practitioner whose name is included in the specialist register kept and published by the General Medical Council as required by the European Specialist Medical Qualifications Order 1995; M5

  • benefit” means a benefit payable under this Order;

  • bereavement grant” means the grant referred to in article 21(1)(b);

  • child's payment” means the payment referred to in article 21(1)(c);

  • claimant” means a person who has claimed benefit, a person to whom benefit has been paid and a person affected by any decision of the Secretary of State made under this Order;

  • claim form” means the form referred to in article 36(b);

  • death benefit” means a benefit referred in article 21;

  • downgraded” means downgraded for medical reasons as a result of which the person downgraded undertakes a reduced range of duties but retains his rank and pay;

  • eligible child” has the meaning given in article 23;

  • forces” means the armed forces and the reserve forces;

  • Gurkha” means a member of the Brigade of Gurkhas who was recruited in Nepal;

“guaranteed income payment” is the payment referred to in article 14(1)(b);

  • ill-health pension” means a pension paid under rule D5 or D6 of the AFPS 2005;

  • illness” means a physical or mental disorder included either in the International Statistical Classification of Diseases and Related Health Problems M6 or in the Diagnostic and Statistical Manual of Mental Disorders; M7

  • injury” includes illness;

  • injury benefit” means the benefits referred to in article 14(1);

  • interim award” means an award under article 44(1) and (2);

  • invaliding pension” means a pension paid under the AFPS 1975 under the following:

    1. d

      the Army Pensions Warrant 1977, Part 2, Section 2, article 45 or Part 3, Section 7, article 149;

    2. e

      the Queen's Regulations for the Royal Air Force M8, Chapter 38, Section 2, regulation 2938(2) or Chapter 39, Section 1, regulation 3023(2);

    3. f

      the Order in Council M9 made under the Naval and Marine Pay and Pensions Act 1865, Schedule II, Section 1, Clause 9 or Schedule III Clause 19.

    or any later provisions corresponding to the provisions referred to in sub-paragraphs (a), (b) or (c);

  • lump sum” means the sum referred to in article 14(1)(a);

  • predominant” means more than 50 per cent;

  • service” means service as a member of the forces, except as provided in article 10;

  • substantial and exclusive relationship” shall be construed in accordance with Schedule 1;

  • surviving adult dependant” has the meaning given in article 22;

  • survivor's guaranteed income payment” is the payment referred to in article 21(1)(a);

  • tariff” means the tables of injuries and amounts set out in Schedule 4;

  • temporary award” means an award referred to in article 20;

  • Veterans Agency” means an office designated by the Secretary of State for the purpose of receiving and determining applications for benefit.

2

In this Order, any reference to claiming a benefit or to a claim

a

shall be treated as including a case where, by virtue of article 37, it is not a condition of entitlement to benefit that a claim be made;

b

in the case of a claim for injury benefit, means a claim for one injury even where claims for more than one injury are made on the same claim form.

3

In this Order, a person is “discharged on medical grounds” if he is required to be discharged on the grounds that he is medically unfit to continue in service, and—

a

in the case of a regular member, is as a result entitled to an invaliding pension or ill health pension,

b

in the case of a Gurkha, is as a result entitled to a disability pension under the pension arrangements applicable to Gurkhas by virtue of their service.