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

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This is the original version (as it was originally made).

Explanatory Note

(This note is not part of the Order)

This Order consolidates into a single instrument the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (“the 1983 Order”), which made provision for pensions and other awards in respect of disablement or death due to service in the naval, military or air forces, and subsequent amending Orders.

The provisions in the 1983 Order which prevent a person in receipt of a retirement pension (other than a retirement pension which consists of certain additions) from being eligible for unemployability allowances, are revoked.

Article 53 (maintenance in a hospital or an institution) now only requires deductions to be made from constant attendance allowance and severe disablement occupational allowance while a person to whom those allowances are paid is in hospital or an institution.

Articles 65 and 66 are new provisions. Article 65 gives the Secretary of State power to suspend a pension, gratuity or supplement where a person, having been required to provide evidence or information or to attend for a medical examination, fails to do so after being given reasonable notice. Article 66 requires the Secretary of State to cancel an award which has been suspended under article 65 where the person fails either to provide the evidence or information required or to attend for a medical examination within the period of 12 months starting with the date on which the notice is given or sent to him.

The Order up-rates the rates of retired pay, pensions, gratuities and allowances payable in respect of disablement due to service (Schedule 1) and the rates of pension and allowances payable to spouses and civil partners of members of the armed forces and to persons who lived as spouses or civil partners of members of the armed forces (Schedule 2).

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

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