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 —
- a
Orders in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865 M1,
- b
the Army Pensions Warrant 1977 M2 and
- 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;
- a
“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
F6“additional multiple injury lump sum” means the sum referred to in article 15B(2);
“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 F2. . . ;
F3“Gurkha Pension Scheme” means the Gurkha Pension Scheme constituted by the Royal Warrant of 19th December 1949 (see Army Order 151 of 1949);
“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:
- d
the Army Pensions Warrant 1977, Part 2, Section 2, article 45 or Part 3, Section 7, article 149;
- 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);
- 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);
- d
“lump sum” means M10,except in the expression “additional multiple injury lump sum,” 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—
b
in the case of a Gurkha who is a member of the Gurkha Pension Scheme, is as a result entitled to a disability pension