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

Cases where claims are not required U.K.

35.—(1) A claim for the pensions, allowances and supplements mentioned in the following paragraphs of this article shall not be required if the conditions set out in the relevant paragraph are satisfied.

(2) A claim for retired pay or a disablement pension under article 6 or a gratuity under article 7 is not required to be made by the former member of the armed forces if—

(a) he is discharged from the armed forces on medical grounds; and

(b) copies of that member's medical and service records are delivered to the Veterans Agency.

(3) A claim for a surviving spouse's or surviving civil partner's pension under article 23 is not required if—

(a) the member of the armed forces by reference to whose death the pension would be payable died whilst serving in the armed forces; and

(b) copies of that member's medical and service records are delivered to the Veterans Agency.

(4) A separate claim is not required for an award under this Order for—

(a) comforts allowance payable under article 14(1)(a)(ii); or

(b) age allowance payable under article 16

where a pensioner is in receipt of retired pay or a disablement pension under article 6.

(5) A separate claim is not required for an award under this Order of the allowance payable under article 26 where a person is in receipt of a pension under article 23 or article 24.

(6) Where a claim has been made for retired pay or a disablement pension under article 6 on the basis of a particular disablement which is alleged to have been due to an injury which is attributable to or aggravated by service, no separate claim shall be required in respect of any other disablement which appears, upon an examination which is conducted by a medical practitioner before the claim is determined, to have been so attributable or so aggravated, whether due to that or another injury.

(7) Where a claim for a constant attendance allowance has been made in respect of a former member of the armed forces under article 8, no separate claim shall be required for—

(a) an exceptionally severe disablement allowance under article 9;

(b) a severe disablement occupational allowance under article 10;

(c) a comforts allowance under article 14; or

(d) a temporary allowance payable under article 27.

(8) Where a claim for an unemployability allowance under article 12 has been made, no separate claim shall be required for—

(a) an invalidity allowance under article 13;

(b) a comforts allowance under article 14; or

(c) a temporary allowance payable under article 27.

(9) Where a claim has been made for—

(a) a surviving spouse's or surviving civil partner's pension under article 23; or

(b) a pension payable to a dependant living as a spouse or a dependant living as a civil partner under article 24;

no separate claim for the award of an allowance under article 28 or article 30 shall be required if the claim for that pension provides sufficient information for the making of the award.