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

PART II GENERAL

Item	Expression	Meaning
(a) 1976 c. 3.
(b) 1978 c. 28.
(c) 1917 c. 51 see Army Act (1881 c. 58) as modified by 1917 c. 51, s.12(1)).
(d) 1989 c. 41.
(e) 1984 c. 56.
(f) 1951 c. 23.
(g) 1992 c. 14.
(h) 1973 c. 50.
(i) 1990 c. 35.
(j) 1881 c. 58.
(k) See War Pensions Act 1920 (c. 23), sections 1 and 2, and S.R. & O 1921/1276.
18.	“adopted”	adopted within the meaning of Part IV of the Adoption Act 1976(a) or, in Scotland section 38 of the Adoption (Scotland) Act 1978(b) and “adoption” shall be construed accordingly;
19.	“adult dependant”	for the purposes of article 12— (a) a person who resides in the home of a member of the armed forces and who— (i) is his grandfather or father (including stepfather) and is incapable of self-support, (ii) is his grandmother or mother (including stepmother) who is incapable of self-support, (iii) is his son (including stepson, adopted son or illegitimate son) and has attained the child’s age limit and is incapable of self-support, (iv) is his daughter (including step-daughter, adopted daughter or illegitimate daughter) and has attained the child’s age limit or is his sister (including half-sister or step-sister) and has attained the age of 16 years who is incapable of self-support; or (b) an adult female person who, in the home of a member, looks after any child of the member in respect of whom an allowance is being paid under article 12 being in each case a person who is in receipt of regular and substantial support or benefit from the member;
20.	“Airman”	(1) in relation to service during the 1914 World War, a person defined as airman in the Air Force Act 1917(c) who was enlisted or entered into service in any portion of the Royal Air Force, Air Force Reserve or Auxiliary Air Force ordinarily maintained by enlistment in the United Kingdom— (a) including any such person who was enlisted or entered into service in any troops raised within or without the United Kingdom whose terms of service included or, under due authority, were made to include the pension provisions for the time being for British Air Forces, if such provisions were a charge on British Revenues; but (b) not including any airman who was merely attested and passed to the Reserve of any other person unless or until he actually served as airman in circumstances to which pension rights would normally, or under his conditions or service, have attached, had he been in the Royal Navy or the Regular Army; (2) in relation to service after 30th September 1921, a member of the air forces who is not an officer;
21.	“apprentice”	a person undergoing full-time training for any trade, business, profession, office, employment or vocation, and receiving not more than nominal wages;
22.	“authorised agent”	a person authorised by the Secretary of State for the purpose of receiving claims under this Order, including, without prejudice to the generality of the foregoing, a person exercising consular functions on behalf of Her Majesty’s Government in right of the United Kingdom in the territory or place whether the person making the claim is resident at the time when it is made;
23.	“child”	in relation to a member of the armed forces, a child with respect to whom the member— (a) is in law the mother or father of the child, including by adoption; (b) is the child’s step-parent; or (c) is the child’s foster parent within the meaning in the Children Act 1989(d) or, in Scotland, the Foster Children (Scotland) Act 1984(e); and in each case the member— (i) is regularly maintaining him or contributing to his maintenance or could reasonably be expected to do so; (ii) where the member has died, was regularly maintaining him or contributing to his maintenance up to the date of his death or could reasonably have been expected to do so; or (iii) where the child was unborn at the date of the member’s death, would have so maintained him or contributed to his maintenance;
24.	“child’s age limit”	in relation to a child or juvenile dependant of a member of the armed forces, the age of 16 years;
25.	“dependant living as a spouse”	(a) in relation to a member of the armed forces whose disablement is due to service before the commencement of the 1914 World War or after 30th September 1921, a person of the opposite sex who is not married to, but who is wholly or substantially maintained by the member on a permanent bona fide domestic basis throughout the period beginning 6 months prior to the commencement of his service and continuing, where the member is disabled, any award under this Order in respect of his disablement and, where the award is reviewed up to the date of review or, where the member is dead, up to the date of his death; (b) in relation to a member whose disablement is due to service during the 1914 World War, a woman living with a soldier, rating or airman, as a wife if she has drawn in respect of him separation allowance as for a wife; (and the expression “dependant who lived as a spouse” shall be construed accordingly);
26.	“dependant living as a civil partner”	in relation to a member of the armed forces whose disablement is due to service before the commencement of the 1914 World War or after 30th September 1921, a person of the same sex who has not formed a civil partnership with, but is wholly or substantially maintained by, the member on a permanent basis throughout the period beginning 6 months prior to the commencement of his service and continuing where the member is disabled, up to the date of any award under this Order in respect of his disablement, and where the award is reviewed, up to the date of review, or where the member is dead, up to the date of his death; (and the expression “dependant who lived as a civil partner” shall be construed accordingly);
27.	“disablement”	physical or mental injury or damage or loss of physical or mental capacity (and “disabled” shall be construed accordingly);
28.	“earnings”	any remuneration or profit derived from employment;
29.	“eligible dependant”	in relation to a course of treatment as defined in item 61, a person who is an eligible member of the family or who would be an eligible member of the family if for the date specified in items 25 or 26 of this Schedule as the terminating date of the period therein mentioned, there were substituted the date of commencement of that course of treatment;
30.	“eligible member of the family”	spouse, civil partner, dependant living as a spouse, dependant living as a civil partner or child of a member of the armed forces;
31.	“incapable of self-support”	in relation to any person, incapable of supporting himself solely by reason of— (a) physical or mental infirmity of a permanent or prolonged nature; or (b) old age; or (c) being a juvenile dependant;
32.	“injury”	includes wound or disease but excludes any injury due to— (a) the use or effects of tobacco; or (b) the consumption of alcohol; except that paragraph (a) in so far as it relates to the use of tobacco, and paragraph (b) above shall not apply where the person suffers from a mental condition which is attributable to service if— (i) the degree of disablement in respect of that condition has been assessed at 50% or more; and (ii) he started or continued to use tobacco or to consume or continue to consume alcohol due to that condition;
33.	“juvenile dependant”	a brother, sister, half-brother, half-sister, stepbrother, stepsister or grandchild, who has not attained the child’s age limit;
34.	“member of the air forces”	(1) in relation to service during the 1914 World War, a person defined as officer in paragraph (1)(b) of the 3rd column of item 41 of this Schedule, in so far as that paragraph relates to an officer serving in or with the Royal Air Force, or a person defined as airman in paragraph (1) of the 3rd column of item 20 above; (2) in relation to service after 30th September 1921, an officer holding a commission in or an airman, of the Royal Air Force, excluding— (a) a member of a local force raised abroad for service with the Royal Air Force; (b) a person excluded by the terms of his service from the benefits of this Order, or whose conditions of service include other provisions of a like nature; (c) a member of a category or class specifically excluded from the benefits of this Order; (d) a member of the Polish Resettlement Corps (Royal Air Force);
35.	“member of the armed forces”	a member of the naval forces, the military forces or, as the case may be, of the air forces and any provision of this Order relating to a member of the armed forces shall, except where inappropriate, be construed as relating also to a woman member of the armed forces and as relating to a person whose service as a member or woman member has ended, and the expression “member” shall be construed accordingly;
36.	“member of the military forces”	(1) in relation to service before or during the 1914 World War, a person defined as officer in paragraph (1)(b) of the 3rd column of item 41 of this Schedule, in so far as that paragraph relates to officers, other than air force officers, or a person defined as soldier in paragraph (1) of the 3rd column of item 55 below; (2) in relation to service after 30th September 1921, an officer holding a commission in, or a soldier of, the army whose unit is based in the United Kingdom or the Isle of Man, excluding— (a) a member of the Army Audit Staff holding a commission in connection with the performance of his duties as such; (b) a person to whom article 499 or article 1127 of the Royal Warrant of 29th February 1940 is applicable; (c) a person excluded by the terms of his service from the benefits of this Order, or whose conditions of service include other provisions of a like nature; (d) a member of a category or class specifically excluded from the benefits of this Order; (e) a member of the Polish Resettlement Corps;
37.	“member of the naval forces”	(1) in relation to service before or during the 1914 World War, a person defined as officer in paragraph (1)(a) of the 3rd column of item 41 of this Schedule or as rating in paragraph (1) of the 3rd column of item 51 below; (2) in relation to service after 30th September 1921 an officer or rating of the Royal Navy or the Royal Marines, within the meaning of the principal Naval Regulations, excluding— (a) an officer or rating serving under conditions other than those prescribed by the principal Naval Regulations; (b) a person entered abroad on a non-continuous service engagement for local service only; (c) a non-European Native rating (whether a British subject or not); (d) a person excluded by the terms of his service from the benefits of this Order, or whose conditions of service include other provisions of a like nature; (e) a person serving in one of Her Majesty’s ships or in a Fleet Auxiliary or in any other vessel in the service of the Admiralty under an agreement known as Agreement T.124 or a variant of that Agreement or under any other mercantile or special agreement; (f) a member of a category or class specifically excluded from the benefits of this Order;
38.	“member of the Reserve or Auxiliary Forces”	a member of the armed forces after 30th September 1921, but otherwise than during any period during which he is embodied or mobilised or, pursuant to the provisions of the Reserve and Auxiliary Forces (Training) Act 1951(f)is called up for flying instructor duties, who is— (a) a member of the Royal Fleet Reserve; (b) a member of the Royal Naval Reserve; (c) a member of the Royal Marine Forces Volunteer Reserve; (d) a member of the Royal Naval Special Reserve; (e) a member of the Royal Naval Volunteer Reserve, including the Royal Naval Volunteer Reserve (Supplementary), the Royal Naval Volunteer (Wireless) Reserve and the Royal Naval Volunteer (Postal) Reserve; (f) a member of the Women’s Royal Naval Reserve, including the Women’s Royal Naval Supplementary Reserve; (g) a member of the Women’s Royal Naval Volunteer Reserve; (h) a member of the Regular Army Reserve of Officers, the Supplementary Reserve of Officers or the Army Emergency Reserve of Officers; (i) a member of the Royal Army Reserve, the Regular Reserve, the Supplementary Reserve (including the Militia) or the Army Emergency Reserve; (j) a member of the Territorial Army (including the Territorial Army Reserve of Officers) or the Territorial and Army Volunteer Reserve; (k) a member of the Auxiliary Territorial Services (Territorial Army), or of the Women’s Royal Army Corps (Territorial Army or of the Women’s Royal Corps (Territorial and Army Volunteer Reserve); (l) a member of the Royal Air Force Reserve (including the Reserve of Air Force Officers), the Women’s Royal Air Force Reserve (including the Women’s Royal Air Force Reserve of Officers), the Royal Air Force Volunteer Reserve and the Women’s Royal Air Force Volunteer Reserve; (m) a member of the Royal Auxiliary Air Force, Royal Auxiliary Air Force Reserve (including the Royal Auxiliary Air Force Reserve of Officers), the Women’s Royal Auxiliary Air Force Reserve and the Women’s Auxiliary Air Force Reserve; (n) a member of Queen Alexandra’s Royal Naval Nursing Service Reserve; (o) a member of the Territorial Army Nursing Service or the reserve thereof or of Queen Alexandra’s Royal Army Nursing Corps (Army Emergency Reserve) or of the Queen Alexandra’s Royal Army Nursing Corps (Territorial Army) or of the Queen Alexandra’s Royal Army Nursing Corps (Territorial and Army Volunteer Reserve); (p) a member of Princess Mary’s Royal Air Force Nursing Service Reserve; (q) a member of the Voluntary Aid Detachment Reserve; (r) a person called up for training pursuant to the provisions of the Reserve and Auxiliary Forces (Training) Act 1951;
39.	“noise-induced sensorineural hearing loss”	damage to the cochlea hair cells of the inner ear which is caused by the exposure of the cochlea to noise, and a condition or a symptom is to be treated as related to such hearing loss if it is another condition, or a symptom, which is the consequence of damage to the cochlea hair cells of the inner ear which is caused by the exposure of the cochlea to noise;
40.	“nurse”	a person described in paragraph (1) of the 3rd column of item 62 of this Schedule;
41.	“officer”	(1) in relation to service before or during the 1914 World War— (a) a commissioned or subordinate officer (including a commissioned officer from a warrant rank and a warrant officer, other than a warrant officer of the Royal Marines) on the permanent, temporary or reserve lists of the Royal Navy, Royal Marines or Reserves or, as the case may be, the Royal Naval Reserve, who served and was in receipt of naval pay as such during some period before or during the said war; or (b) a commissioned officer whether he held a permanent, short service, temporary or local commission in the Regular or Reserve Forces or in the Territorial Force or in the Royal Air Force, who served and was in receipt of military or, as the case may be, air force pay as such during some period of the said war, but excluding any officer of the Indian Army or of the Dominion, Colonial or Protectorate Forces, then existing, whether raised for general or local service, unless the terms of his service were made to include the pension rights of the Regular Army or, as the case may be, of the Regular Army or Air Force; (2) in relation to service after 30th September 1921, a member of the armed forces who is a commissioned officer therein, including, as may be appropriate, a woman member with officer status, a subordinate officer or warrant officer (other than a sergeant-major) of the Royal Marines or a woman member of the naval forces of warrant officer status;
42.	“officer on the Active List”	an officer who is on full pay, half pay or otherwise before his retirement but not an officer who has retired and is subsequently re-called to service or is re-employed;
43.	“other dependant”	grandparent, step-parent, brother, sister, half-brother, half-sister, stepbrother, stepsister or grandchild;
44.	“parent”	in relation to a deceased member of the armed forces— (a) a person of whom the member was a legitimate, legitimated or illegitimate child; or (b) a person who had adopted the member; or (c) a person who, for a period of 5 years (or such lesser period as the Secretary of State may determine in the exceptional circumstances of any case) during the minority of the member, acted in the place of a parent to, and wholly or mainly maintained, the member; or (d) a person who, for such period as is mentioned in paragraph (c) of this item, was the spouse (not being a separated spouse) or civil partner (not being a separated civil partner) of a person fulfilling the conditions set out in that paragraph;
45.	“Pay Warrant”	The Royal Warrant of 22nd August 1959 (and any reference to a provision of that Warrant shall, where the context so requires, be construed as a reference to any provision of an earlier Warrant replaced, with or without amendment, by the first mentioned provision);
46.	“pension”	in relation to a rating, soldier or airman, a disablement pension awarded under article 6 or under article 1 of a 1919 to 1920 other rank instrument and in relation to a nurse, a disablement pension or an addition to service retired pay awarded under article 23 of a 1920 to 1921 (officers) instrument or an addition to service pension awarded under column (6) in Schedule 3 to the 1917 (Officers) Order and, where appropriate, any pension referred to in article 4(a)(ii) or (iii);
47.	“Pension Warrant”	the Royal Warrant of 23rd December 1960 (and any reference to a provision of that Warrant shall, where the context so requires, be construed as a reference to any provision of an earlier Warrant replaced, with or without amendment, by the first mentioned provision);
48.	“principal Air Force Regulations”	the Queen’s Regulations and Air Council Instructions for the Royal Air Force as amended from time to time, the Regulations governing the various Auxiliary and Reserve Forces and the Nursing Service, as so amended, and any other regulations, instructions and provisions issued or made from time to time in relation to the air forces;
49.	“principal Naval Regulations”	the Queen’s Regulations and Admiralty Instructions for the government of Her Majesty’s Naval Service, as amended from time to time, the Regulations governing the various Reserve Forces as so amended, the provisions summarised in the Appendix to the Navy List as so amended; and any other regulations, instructions or provisions issued or made from time to time in relation to Her Majesty’s Naval Service;
50.	“public funds”	(a) moneys provided by Parliament or appropriated by a Measure of the Northern Ireland Assembly; (b) moneys, the payment whereof is a charge on the Consolidated Fund of the United Kingdom or of Northern Ireland; (c) moneys provided by any general or local rate or by a fund established under or by virtue of any public, general or local Act; (d) moneys provided under the Local Government Finance Act 1992(g) or (e) moneys payable under any enactment, ordinance, regulation or other instrument forming part of the law of any place outside the United Kingdom;
51.	“rating”	(1) in relation to service before or during the 1914 World War, a seaman or marine, including Chief Petty or Petty Officer and Warrant Officer (other than a Warrant Officer included in the definition of officer in item 41 of this Schedule) and a Non-Commissioned Officer of the Royal Marines (other than a Royal Marine Gunner) who served or was in receipt of naval or marine pay as such before or during some period of the said war— (a) including any man belonging to the Naval and Marine Reserves and also any seaman or marine specially enlisted or deemed to be specially enlisted for the purpose of the said war and transferred forthwith to the Reserve, if— (i) he was called into actual service; and (ii) served; and (iii) was in receipt of naval or marine pay as such during some period of the said war; but (b) not including any person who was a seaman or marine of the Royal Indian Marine, or of Dominion, Colonial or Protectorate Forces, whether raised for local or general service; (2) in relation to service after 30th September 1921, a member of the naval forces who is not an officer;
52.	“remunerative work”	either— (a) work for which payment is made or which is done in expectation of payment, or (b) attendance at a training course in respect of which the member receives a training allowance in pursuance of arrangements made under section 2(i) of the Employment and Training Act 1973(h) or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990(i) or corresponding provisions in Northern Ireland;
53.	“retired pay”	(1) in relation to officers, other than any warrant officer member of the naval forces— (a) retired pay awarded under article 6 of this Order; (b) retired pay or additional retired pay awarded under article 1 of a 1920 to 1921 (Officers) instrument other than the 1921 (Warrant Officers) Order; or (c) additional retired pay or half-pay under the 1917 (Officers) Order, Schedule 1, column 8 or the 1917 Warrant, Schedule 1, column 9; or (2) in relation to any warrant officer member of the naval forces— (a) retired pay awarded under article 10 of this Order; (b) retired pay or an addition to service retired pay, pension or gratuity awarded under article 1 of the 1921 (Warrant Officers) Order; or (c) an addition to service pension awarded under the 1917 (Warrant Officers) Order, Schedule 1, column (5) or (6); or, where appropriate, (3) any retired pay referred to in article 4(a)(i);
54.	“service”	service as a member of the armed forces before 6th April 2005 and the word “served” shall be construed accordingly.
55.	“soldier”	(1) in relation to service before or during the 1914 World War, a person defined as soldier in the Army Act 1881(j), who was enlisted or entered into service in any portion of the Regular Army, the Special Reserve, or the Territorial Force ordinarily maintained by enlistment in the United Kingdom— (a) including any such person who was enlisted or entered into service in any troops raised within or without the United Kingdom, whose terms of service included, or, under due authority were made to include, the pension provisions for the time being for British Troops, if such provisions were a charge on British revenues; but (b) not including soldiers who were merely attested and passed to the Reserve, or members of the Volunteer Force, or any other person unless or until he actually served as a soldier in circumstances in which the pension rights of the Regular Army would normally, or under his conditions of service have attached; (2) in relation to service after 30th September 1921, a member of the military forces who is not an officer;
56.	“student”	a person who is receiving full-time instruction at a university, college, secondary school or technical school, or at any other establishment which, in the opinion of the Secretary of State, is a comparable educational establishment, and for the purposes of this Order a person may continue to be a student for such period (being a period not exceeding 13 weeks) after he ceases to receive full-time instruction as aforesaid and before he attains the age of 19 as the Secretary of State may in any particular case determine;
57.	“surviving spouse”	the widow or, as the case may be, widower of a member of the armed forces;
58.	“surviving civil partner”	surviving civil partner of a member of the armed forces;
59.	“termination”	in relation to service as a member of the armed forces— (a) subject to the provisions of paragraph (b) below, termination of service as such a member by reason of— (i) retirement (ii) discharge (iii) demobilisation (iv) transfer to the Emergency List or Reserve; or in any other manner; (b) where the member renders service during more than one period, the date, having regard to the foregoing provisions of this item, of the end of the period which is relevant in his case; (and the word “terminated” shall be construed accordingly);
60.	“therapeutic earnings”	earnings from work for no more than 16 hours per week and which in the Secretary of State’s view is not detrimental to the health of the member;
61.	“treatment”	(1) any treatment as an in-patient of a hospital or similar institution; or (2) a course of medical, surgical or rehabilitative treatment of a remedial nature which in either case the Secretary of State is satisfied that a member of the armed forces should receive in consequence of any disablement in respect of which an award under this Order or any previous Order or Royal Warrant may be or has been made, but does not include any treatment which involves no or only occasional interruptions of the member’s normal employment;
62.	“Veterans Agency”	an office designated by the Secretary of State for the purpose of receiving and determining applications for a pension, allowance or supplement;
63.	“woman member of the armed forces”	(1) in relation to service before or during the 1914 World War, a member of— (a) the Royal Naval Nursing Service; (b) the Royal Naval Nursing Service Reserve; (c) Queen Alexandra’s Imperial Military Nursing Service; (d) the Territorial Force Nursing Service; or (e) the Royal Air Force Nursing Service; (2) in relation to service after 30th September 1921, a woman who is— (a) commissioned or enlisted or enrolled as a member of the armed forces; (b) enrolled in the Women’s Royal Naval Service or a reserve thereof; (c) a member of the Army Emergency Reserve or the Territorial Army or the Territorial and Army Volunteer Reserve; (d) a member of the Women’s Auxiliary Air Force or the reserve thereof (other than a member of the Polish Resettlement Section of the Women’s Auxiliary Air Force); (e) a medical or dental practitioner employed with the Royal Army Medical Corps or the Royal Army Dental Corps or the Medical or Dental Branches of the Royal Navy or Royal Air Force with relative rank as an officer or with naval status for general service as the case may be; (f) enrolled in Queen Alexandra’s Royal Naval Nursing Service or Queen Alexandra’s Imperial Military Nursing Service or the Territorial Army Nursing Service or Princess Mary’s Royal Air Force Nursing Service or the respective Reserve or Auxiliary Sections thereof; (g) enrolled in the Auxiliary Territorial Service (other than a member of the Polish Resettlement Section (Auxiliary Territorial Service)); (h) a member of a Voluntary Aid Detachment enrolled for employment under the Defence Council;
64.	“the 1914 World War”	the war which began on 4th August 1914 and ended on 31st August 1921 (and the expression “during the 1914 World War” shall be construed as a reference to any period beginning on or after 4th August 1914 and ending on or before 30th September 1921(k)