The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

Severe disablement occupational allowance U.K.

10.—(1) Except as provided in paragraph (2), where a member of the armed forces is in receipt of an allowance for constant attendance at a rate payable under article 8(4) or (5), he shall be awarded an allowance at the appropriate rate specified in paragraph 3 of Part IV of Schedule 1 for any period during which he is, in the opinion of the Secretary of State, ordinarily employed in a gainful occupation.

[F1 (2) Paragraph (1) does not apply during any period in respect of which the member of the armed forces is—

(a) eligible for an award under article 12(1)(a);

(b) in receipt of any personal benefit under Part 2 or Part 3 of the Social Security Contributions and Benefits Act 1992M1 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992M2 ;

[F2 (ba) in receipt of a state pension under Part 1 of the Pensions Act 2014;]

(c) in receipt of employment and support contributory allowance F3 ...; F4 ...

[F5 (ca) in receipt of carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023; or]

(d) in receipt of any benefits similar to a personal benefit under the law of any place outside the United Kingdom which in the opinion of the Secretary of State is analogous to a personal benefit.]

(3) In this article, “personal benefit” means—

(a) retirement pension;

(b) incapacity benefit;

(c) severe disablement allowance;

(d) carers allowance;

(e) category A or B retirement pension as provided for by regulation 18 of the Social Security (Widow's Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 1979M3 or any corresponding regulations made in Northern Ireland.

[F6 (f) employment and support contributory allowance.]

[F7 (4)  In this article, “employment and support contributory allowance” means—

(a) an allowance under Part 1 of the Welfare Reform Act 2007 (“ the 2007 Act ”) as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the 2007 Act as that Part has effect apart from those provisions; or

[F8 (b) an allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 as that Part has effect apart from those provisions.]]

Textual Amendments

F1 Art. 10(2) substituted (27.10.2008 with application in accordance with art. 2(4) of the amending S.I.) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2008 (S.I. 2008/679), art. 2(1)(2)(b)(6), Sch. 1 Pt. 2 para. 10

F2 Art. 10(2)(ba) inserted (11.4.2016) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2016 (S.I. 2016/374), arts. 1(1), 2

F3 Words in art. 10(2)(c) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 49(2)(a)

F4 Word in art. 10(2)(c) omitted (16.11.2023) by virtue of The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Modifications) Order 2023 (S.I. 2023/1214), art. 1(2), reg. 11(2)(a)

F5 Art. 10(2)(ca) inserted (16.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Modifications) Order 2023 (S.I. 2023/1214), art. 1(2), reg. 11(2)(b)

F6 Art. 10(3)(f) inserted (27.10.2008 with application in accordance with art. 2(4) of the amending S.I.) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2008 (S.I. 2008/679), art. 2(1)(2)(b)(6), Sch. 1 Pt. 2 para. 11

F7 Art. 10(4) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 49(2)(b)

F8 Art. 10(4)(b) substituted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 16(2)

Marginal Citations

M1 1992 c.4.

M2 1992 c.7 (N.I.).

M3 S.I.1979/643.