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

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation, commencement and interpretation

   2. 2. Interpretation – further provision

   3. 3. Rank or status

3. PART II AWARDS IN RESPECT OF DISABLEMENT

   1. 4. Interpretation of Part II

   2. 5. General conditions for Part II

   3. 6. Retired pay or pension for disablement

   4. 7. Gratuity for minor disablement

   5. 8. Constant attendance allowance

   6. 9. Exceptionally severe disablement allowance

   7. 10. Severe disablement occupational allowance

   8. 11. Clothing allowance

   9. 12. Unemployability allowances

   10. 13. Invalidity allowance

   11. 14. Comforts allowance

   12. 15. Allowance for lowered standard of occupation

   13. 16. Age allowance

   14. 17. Treatment allowance

   15. 18. Abstention from work following treatment in a hospital or similar institution

   16. 19. Part-time treatment allowance

   17. 20. Mobility Supplement

   18. 21. Medical expenses

4. PART III AWARDS IN RESPECT OF DEATH

   1. 22. General conditions for Part III

   2. 23. Pensions to surviving spouses and surviving civil partners

   3. 24. Pensions to dependants who lived as spouses and dependants who lived as civil partners

   4. 25. Rent allowance to surviving spouses, surviving civil partners, dependants who lived as spouses and dependants who lived as civil partners, who have children

   5. 26. Elderly persons allowance

   6. 27. Temporary allowances

   7. 28. Allowances for children under the child's age limit

   8. 29. Pensions for orphans under the child's age limit

   9. 30. Award for children who have attained the child's age limit

   10. 31. Awards to or in respect of ineligible members of the families of unemployable pensioners

   11. 32. Funeral expenses

   12. 33. Relationships subsequent to the award of a pension

5. PART IV CLAIMS

   1. 34. Making of claims

   2. 35. Cases where claims are not required

   3. 36. Withdrawal of Claims

   4. 37. Date of claim

6. PART V ADJUDICATION

   1. 38. Interpretation of Part V

   2. 39. Administration of this Order

   3. 40. Entitlement where a claim is made in respect of a disablement, or death occurs, not later than 7 years after the termination of service

   4. 41. Entitlement where a claim is made in respect of a disablement, or death occurs, more than 7 years after the termination of service

   5. 42. Determination of degree of disablement

   6. 43. Certification

   7. 44. Review of decisions, assessments and awards

7. PART VI PAYMENT

   1. 45. Interpretation of Part VI

   2. 46. Commencing dates of awards

   3. 47. Payment of Pensions

   4. 48. Direct credit transfer

   5. 49. Administration of pensions etc.

   6. 50. Payment of public claims out of pensions

8. PART VII REDUCTION AND CANCELLATION OF AWARDS

   1. 51. Interpretation of Part VII

   2. 52. Adjustment of awards in respect of other compensation

   3. 53. Maintenance in hospital or an institution

   4. 54. Chelsea pensioners

   5. 55. Children whose maintenance is otherwise provided for

   6. 56. Abatement of awards in respect of social security benefits

   7. 57. Forfeiture of pensions etc.

   8. 58. Refusal of treatment

   9. 59. Serious negligence or misconduct

   10. 60. Failure to draw pension

   11. 61. Suspension in individual cases – . . . an appropriate tribunal

   12. 62. Suspension – Social Security Commissioner and Upper Tribunal

   13. 63. Suspension in individual cases – courts

   14. 64. Suspension in other cases

   15. 65. Suspension – failure to comply with request or pensioner not at last known address

   16. 66. Cancellation – failure to comply with request

9. PART VIII MISCELLANEOUS PROVISIONS

   1. 67. Invalidity of assignments

   2. 68. Posthumous awards

   3. 69. Power to dispense with probate

   4. 70. Transferred powers

   5. 71. Revocations, general and transitory provisions

10. Signature

11. 1. SCHEDULE 1

       DISABLEMENT DUE TO SERVICE IN THE ARMED FORCES

       1. PART I GROUPING OF MEMBERS OF THE ARMED FORCES ACCORDING TO RANK OR STATUS

          1. 1. In this Schedule— (a) references to a Group shall be...

          2. 2. The Groups referred to in the foregoing paragraph comprise:— GROUP1:—...

       2. PART II RATES OF RETIRED PAY, PENSIONS, GRATUITIES AND ALLOWANCES

       3. PART III GRATUITIES PAYABLE FOR MINOR INJURIES

       4. PART IV

       5. PART V ASSESSMENT OF DISABLEMENT CAUSED BY SPECIFIED INJURIES AND OF CERTAIN OTHER DISABLEMENTS

       6. PART VI ASSESSMENT OF DISABLEMENT IN RESPECT OF NOISE INDUCED SENSORINEURAL HEARING LOSS

    2. SCHEDULE 1A

       DIFFUSE MESOTHELIOMA LUMP SUMS

       1. 1. Interpretation

       2. 2. Entitlement to diffuse mesothelioma lump sum

       3. 3. Election to receive diffuse mesothelioma lump sum

       4. 4. Period for making an election

       5. 5. Calculation of the diffuse mesothelioma lump sum

       6. 6. Payment of diffuse mesothelioma lump sum

       7. 7. Circumstances in which a person may be required to repay

    3. SCHEDULE 2

       DEATH DUE TO SERVICE IN THE ARMED FORCES

       1. PART I GROUPING OF MEMBERS OF THE ARMED FORCES ACCORDING TO RANK OR STATUS

          1. 1. In this Schedule— (a) references to a Group shall be...

          2. 2. The Groups referred to in the foregoing paragraph comprise:— GROUP...

       2. PART II RATES OF PENSIONS AND ALLOWANCES

       3. PART III

    4. SCHEDULE 3

       COMMENCING DATES OF AWARDS

       1. 1. (1) Subject to the following provisions of this Schedule, an...

       2. 2. (1) In a case to which section 168 of the...

       3. 3. Where an award is made pursuant to a successful appeal...

       4. 4. Where an award or an adjustment of an award is...

       5. 5. Where a claimant satisfies the Secretary of State that—

       6. 6. (1) Where, upon a review of a decision rejecting a...

       7. 7. Where a decision, which falls to be reviewed in the...

       8. 8. Where, either upon review of a decision rejecting a claim...

       9. 9. Notwithstanding paragraph 1(7), where an award is made under article...

       10. 10. Except in a case to which paragraph 6, 7 or...

       11. 11. Where the Secretary of State reviews a decision which was...

       12. 12. Paragraphs 4 and 8 apply to a decision of the...

    5. SCHEDULE 4

       TRANSITORY PROVISIONS

       1. PART I CONTINUATION OF TRANSITORY PROVISIONS IN SCHEDULE 5 TO THE SERVICE PENSIONS ORDER 1983

          1. 1. Interpretation of Part I

          2. 2. Pensions for unmarried dependants of deceased disablement pensioners under a 1946 instrument

          3. 3. Continuation of pensions for unmarried dependants of deceased pensioners under a 1946 instrument

          4. 4. Withholding or reduction of disablement pension under a 1949 instrument

          5. 5. Transitional provision on abolition of killed in action gratuities

          6. 6. Assessment of specified disablement under the 1964 instruments

       2. PART II CONTINUATION OF SAVINGS IN THE 1992 ORDER AND THE 1993 ORDER

          1. 7. Savings provisions made by the 1992 Order in respect of articles 12, 18, 23 and 53 of the Service Pensions Order 1983

          2. 8. Savings provision made by the 1993 Order in respect of articles 13, 38, 40 and 41 of the Service Pensions Order 1983

       3. PART III CONTINUATION OF TRANSITIONAL PROVISIONS IN THE 1996 ORDER

          1. 9. (1) Notwithstanding the revocation of the Naval, Military and Air...

    6. SCHEDULE 5

       REVOCATIONS

    7. SCHEDULE 6

       INTERPRETATION

       1. PART I WARRANTS AND ORDERS

       2. PART II GENERAL

12. Explanatory Note