Search Legislation

Advanced Search

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

Status:

This is the original version (as it was originally made).

Posthumous awards

68.—(1) Where, after making a claim for an award of retired pay or a pension under Part II or Part III of this Order, the claimant dies either—

(a)before an award has been made; or

(b)where an appeal has been made under the Pensions Appeal Tribunal Act 1943, before the appeal has been determined

the Secretary of State may, notwithstanding the claimant’s death, make an award in accordance with the provisions of this Order.

(2) Any such award shall be made to the designated person whose receipt shall be a good discharge to the Secretary of State for any award so made in respect of that claim.

(3) No such award shall be made in respect of any period after the claimant’s death.

(4) For the purposes of this article, where there is no grant of probate or letters of administration or other proof of title in respect of a deceased claimant’s estate, the expression “personal representatives” means the person or persons appearing to the Secretary of State to be beneficially entitled to the estate of the deceased claimant.

(5) In this article—

(a)“claimant” means a person who has made a claim for a pension under the Order;

(b)“designated person” means the person who, after due enquiry, appears to the Secretary of State to be—

(i)the claimant’s surviving spouse or surviving civil partner, or if it appears to the Secretary of State that there is no such person,

(ii)the claimant’s dependant who lived as a spouse or dependant who lived as a civil partner, or if it so appears that there are no such persons,

(iii)the claimant’s children, or if it so appears that there are no such persons,

(iv)the claimant’s parents, or if it so appears that there are no such persons,

(v)the claimant’s other dependants, or if it so appears that there are no such persons,

(vi)the claimant’s personal representatives;

(c)“pension” means any retired pay, pension, allowance or other continuing benefit under this Order.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources